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What is workers compensation waiver of subrogation?
This is an agreement that allows the insurer to recover the costs of your claim from the entity that you file against, usually an employer. To be precise, as it applies to workers' compensation: A waiver of subrogation means an insurance carrier is waiving their right to "Subrogate" or attempt to collect compensation or share in the responsibility for a claim with the party in question. An example, say contractor A is working for Customer B. Under normal circumstances if an employee of contractor A was injured working on Customer B's propoerty then after paying a claim for the injured worker, Contractor A's insurance carrier could attempt to collect part of the paid claim from Customer B or their insurance carrier if there was potentially any liability (loose rocks on the ground to slip over, improper lighting, etc). With a waiver of subrogation in place, Contractor A's insurance carrier would still pay the claim, but would be unabel to go after the customer or their insurance company. Because of this, insurance companies that provide a waiver normally charge for it. The waiver itself is treated as an endorsement onto the Employees' existing policy, and payment is usually expressed as either a flat charge or as a percentage of the payroll spent on the job-site.
What does waiver of subrogation mean?
A waiver of subrogation in commercial insurance means that you waive the right for your insurance company to collect reimbursement from the insurance company of the other party. An example would be a subcontractor who is injured by the actions of someone in the employ of the general contractor. If a waiver of subrogation was included in the insurance policy, the subcontractor has given up the right to collect from the insurance company of the general contractor.
Is the contractor or the property owner the liable party for a contractor employee injury on a work site in the state of New York USA?
In New York as elsewhere, liability would rest with the party, contractor or property owner, found to be negligent and/or culpable in the injury. For this reason both property owner and contractor will typically each carry insurance or insure themselves against injury claims by on private property. Additionally, it is a standard and wise practice during the bid and contracting process for the purchasing property owner to ascertain and require the following:Contractor's state contractor license - because claims against contractors will vary as between licensed and unlicensed contractors in most states.Currency and sufficiency of property owner's own liability insurance coverage.A "waiver of liability" agreement (form) provided and agreed to by contractor, prior to start of work, by which contractor agrees to assume liability for any claim by his employees or those of subcontractors on the work site; said form called by various names . . . to be found by contacting cognizant state office/bureau.
What papers need to be filed for reentry back into the US after being deported?
You would need either an I- 212 waiver or I- 601 waiver. For serious crimes there is no waiver.
I recently purchased a house in Texas and the previous owner replaced the roof but has not paid full balance to the contractor the contractor has threatened to put a lien on the house can he do that?
You should review your closing documents. In many states the seller must sign a lien waiver stating that there are no outstanding liens on the property and if any are filed as a consequence of work he has had done to the property, HE will make good on them, NOT YOU. I would call the closing attorney you used and any realtor involved in the transaction and raise Hell. The answer to your question is yes, unfortunately. It is known as mechanic's lien.
If you were a contractor would you have a use for function generators?
A contractor working with electronics would.
Is there any way of escaping from subrogation?
Are you sure you understand the terms your using?If your a debtor, why would you argue with subrogation?If your a creditor it is uncommon to be subrogated without consent, and you probably have grounds to protest. But by wanting to do so the court would likey be securing your position for the better....and you would want it.There are three kinds of subrogation: 1. That made by the owner of a thing of his own free will; example, when be voluntarily assigns it. 2. That which arises in consequence of the law, even without the consent of the owner; example, when a man pays a debt which could not be properly called his own, but which nevertheless it was his interest to pay, or which he might have been compelled to pay for another, the law subrogates him to all the rights of the creditor. 3. That which arises by the act of law joined to the act of the debtor; as, when the debtor borrows money expressly to pay off his debt, and with the intention of substituting the lender in the place of the old creditor.
Can a business sue an owner for a contractor not paying for materials even though the owner paid the contractor in full and the contractor was responsible for all materials?
The business can put a lien on the property. Builders I work for make me get Lien Waivers signed from my distributors to assure I have paid them. Depending on the state the project was completed in & when, you may be able to file a mechanics lien to secure payment. Check out National Lien & Bond Claim Systems for more information.
What might a dieter do would it waver or waiver?
:( Dodie
What is the Monthly salary for a contractor?
We would need to know the kind of contractor in order to answer your question.
Can new Homeowner file a claim against General Contractor Liability Insurance for work done for previous home ownwer that caused property damaged recently discovered by new owner of the house?
No. You, (The new owner) was not a party to the contract between the previous homeowner and the trade contractor. The contractor has no obligation to a subsequent owner with whom he did not contract or make warranty. It's no different than when you buy a used car. You would have no recourse for work you might consider substandard against a mechanic that did repairs for the previous owner because you did not own the property at that time and were not a party to the repair agreement. Hopefully you purchased a home warranty through your realtor when you purchased the home they are very inexpensive. Your recourse would be to file a claim on the home warranty offered to you when you made your home purchase.
What is the difference between common law subrogation and contractual subrogation?
First, the difference used to matter in the US, but in most instances the difference is negligible now. Common law subrogation arises from the historic decisions of the courts of the state or jurisdiction where the subrogation lien arose. These courts in almost every state established laws that provided that a payor of another's true debt would have a claim against the responsible party (or - more accurately - a lien on the harmed party's claim against the responsible party). Contractual subrogation technically arises out of a contract (such as an insurance policy or mortgage agreement) that provides in a clause or two that if payments need to be made then the payor will have a claim (or a lien on the claim) against the responsible party. Nowadays, the distinction between the two is very blurry as most courts recognize the common law subrogation right, and treat it in tandem with the contractual subrogation rights. Ken Levine; Nelson, Levine, de Luca & Horst
