Waiver involves intentionally relinquishing a recognized right and generally falls into two categories: policy and coverage defenses. (Photo: Sohel Parvez Haque/Shutterstock.com)
When investigating and adjusting a first-party insurance claim in Georgia, the policy provides several tools by which an insurer can obtain the information necessary to evaluate the merits of a claim and determine coverage for a loss. However, sloppy investigations, premature denials and failure to act in a timely manner can result in waiver and hamper the insurer's rights.
|Policy and coverage defenses
Waiver is the "intentional or voluntary relinquishment of a known right." [Black's Law Dictionary 1751 (4th ed.1968)]. Waiver may be explicit or implicit; in writing; through verbal statements; or through silence or inaction. However, certain defenses cannot be waived as a matter of law. Under Georgia law, defenses to an insured's claim based on the terms of the policy fall into two general categories: "policy" defenses and "coverage" defenses.
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