waiver of subrogation clause in Illinois

2024Id. 3 A waiver-of-subrogation clause in a construction contract is intended to allow the parties “to exculpate each other from personal liability in the event of property loss or damage to the work occurring during construction, relying instead on the insurance purchased by one of the parties to provide recovery for that loss.” Intergovernmental Risk Management v. O’Donnell, Wicklund, Pigozzi & Peterson Architects, Inc., 295 Ill.

2017Intergovernmental Risk, 295 Ill.

2017Liccardi v. Stotl Terminals, Inc., 178 Ill. 2d 540, 549 (1997); see also Saba Software, Inc. v. Deere & Co., 2014 IL App (1st) 132381, ¶ 60 (“Illinois’s public policy strongly favors freedom to contract [citation] and broadly allows parties to determine their contractual obligations. [Citation.] Hussein v. L.A.

2016Liccardi v. Stotl Terminals, Inc., 178 Ill. 2d 540, 549 (1997); see also Saba Software, Inc. v. Deere & Co., 2014 IL App (1st) 132381, ¶ 60 (“Illinois’s public policy strongly favors freedom to contract [citation] and broadly allows parties to determine their contractual obligations. [Citation.] Hussein v. L.A.

2017See Bastian, 635 F. Supp. at 202 .

2016See Bastian, 635 F. Supp. at 202 .

2017Liccardi v. Stotl Terminals, Inc., 178 Ill. 2d 540, 549 (1997); see also Saba Software, Inc. v. Deere & Co., 2014 IL App (1st) 132381, ¶ 60 (“Illinois’s public policy strongly favors freedom to contract [citation] and broadly allows parties to determine their contractual obligations. [Citation.] Hussein v. L.A.

2016Liccardi v. Stotl Terminals, Inc., 178 Ill. 2d 540, 549 (1997); see also Saba Software, Inc. v. Deere & Co., 2014 IL App (1st) 132381, ¶ 60 (“Illinois’s public policy strongly favors freedom to contract [citation] and broadly allows parties to determine their contractual obligations. [Citation.] Hussein v. L.A.

1998See Viacom International, Inc. v. Midtown Realty Co. , 193 A.D.2d 45 , 602 N.Y.S.2d 326 (1993) (a waiver of subrogation clause cannot be enforced beyond the scope specified; waiver applied to tort liability, not contract claims).

1998See Viacom International, Inc. v. Midtown Realty Co. , 193 A.D.2d 45 , 602 N.Y.S.2d 326 (1993) (a waiver of subrogation clause cannot be enforced beyond the scope specified; waiver applied to tort liability, not contract claims).

2024App. 3d 784, 791 (1998); see Behr v. Hook, 787 A.2d 499, 503 (Vt. 2001) (by shifting the risk of loss to the insurance company regardless of fault, clauses seek to avoid prospect of extended litigation that would interfere with construction). -4- and described as new construction expansion to existing Malcolm X College], and then only as their respective interests may appear are recognized as Additional Named Insureds hereunder.