The Insurance Waiver of Liability document is a crucial instrument in Swiss insurance practice, used when an insured party needs or chooses to waive specific insurance-related rights or potential claims. This document type is particularly relevant in scenarios involving policy modifications, claim settlements, or specific risk acknowledgments. Under Swiss law, particularly the Insurance Contract Act (VVG) and the Code of Obligations (OR), such waivers must be explicit, clearly documented, and compliant with strict consumer protection requirements. The waiver must include comprehensive risk disclosures, clear acknowledgments of understanding, and may require additional documentation depending on the complexity of the insurance product or when subject to specific financial services regulations like FIDLEG.
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1. Parties: Identification of the insurance company and the insured party/policyholder, including full legal names and addresses
2. Background: Context of the insurance relationship and circumstances leading to the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including specific insurance-related terminology
4. Scope of Waiver: Detailed description of the specific liabilities, claims, or rights being waived
5. Acknowledgment of Understanding: Explicit confirmation that the signing party understands the implications of the waiver
6. Consideration: Description of any consideration or benefit provided in exchange for the waiver
7. Representations and Warranties: Statements confirming the parties' capacity and authority to enter into the waiver
8. Governing Law and Jurisdiction: Explicit statement of Swiss law application and jurisdiction
9. Signatures: Formal execution block with date and signatures of all parties
1. Partial Invalidity: Clause addressing the severability of provisions, used when the waiver is particularly complex or covers multiple distinct areas
2. Duration and Termination: Include when the waiver is time-limited or conditional
3. Specific Risk Acknowledgment: Detailed section listing specific risks being waived, used for high-risk activities or complex insurance products
4. Language Declaration: Required when the waiver is provided in multiple languages or to non-native German/French/Italian speakers
5. Regulatory Compliance: Additional section for insurance products subject to FIDLEG or specific regulatory requirements
6. Third Party Rights: Include when the waiver affects rights of third parties or beneficiaries
1. Schedule A - Covered Insurance Policies: List of specific insurance policies or coverage affected by the waiver
2. Schedule B - Excluded Claims: Detailed list of claims or liabilities specifically excluded from the waiver
3. Appendix 1 - Risk Disclosure: Detailed disclosure of risks and consequences of waiving specific rights
4. Appendix 2 - Legal Rights Summary: Summary of legal rights being waived, required for consumer protection compliance
5. Appendix 3 - Supporting Documentation: Copies of relevant insurance policies, certificates, or other referenced documents
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