What is referred to as an implied waiver?

An implied waiver refers to a situation where a party indicates a waiver through their actions rather than through a formal statement. This concept is significant in various legal contexts, including insurance and contracts, as it illustrates how a party's conduct can communicate consent or a voluntary relinquishment of a known right or privilege. For instance, if an insurance adjuster permits a deadline to pass without addressing a claim, their behavior may imply that they have waived the right to enforce that deadline.

Understanding this concept is especially important for adjusters since it influences how claims and negotiations are managed. Actions that speak louder than words can lead to assumptions about a party's intentions or agreement, which may affect the outcome of a claim or legal dispute. This underlines the necessity for adjusters to maintain clarity and documentation in their dealings to avoid unintended implications of waiving crucial rights.