1.19 Waiver

• Jurisdiction: Arizona

Waiver, either express or implied, has been defined as the voluntary or intentional relinquishment or abandonment of a known right.^[256] Waiver arises out of the insurance company's action or non-action, and rests upon circumstances indicating or inferring that it voluntarily and intentionally relinquished a right while having full knowledge of all relevant facts.^[257]

Waiver requires a clear showing of an intent to waive the right.^[258] The insured can establish waiver based on the insurer's conduct. For example, an insurer waives its right to deny coverage if it has knowledge of facts allegedly justifying a denial of coverage or the forfeiture of a policy previously issued and, notwithstanding its knowledge, still recognizes the continued existence of the policy.^[259] Arizona courts have prevented insurers who...