Section 4.24 Waiver of Recovery Rights and of Subrogation

• Library: Construction Law 2016 Supp

4. (§4.24) Waiver of Recovery Rights and of Subrogation

Waiver of recovery rights can come into play in contracts for construction work and under insurance policies. Because the only enforceable indemnity is a limited one in Missouri now, a contracting party is no longer fully protected from subrogation suits, including subrogation by an employer’s workers’ compensation carrier, unless something else is done. As mentioned in §4.14 above, however, parties cannot prospectively waive an employer’s subrogation...