Subrogation Waiver – Kruger Products Limited v. First Choice Logistics Inc., 2013 BCCA 3

Leases, construction contracts, and contracts governing other commercial relationships often have clauses limiting the liability of a party (and some non-parties) to the contract in the event of an occurrence which causes loss to  a party to the contract. Clauses which require one party to the contract to obtain insurance in respect of the type of loss that occurred may have that consequence, even where the contract (or the policy) does not specifically provide that subrogation (by the insurer of the injured party) is waived.

The British Columbia Court of Appeal provides an excellent review of the law in Kruger Products Limited v. First Choice Logistics Inc., 2013 BCCA 3.

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