If Sally Roe waives her subrogation right after being rear-ended by John Doe, what will her insurer do?

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Prepare for the New York Independent Adjuster, Motor Vehicle No-Fault, and Workers' Compensation Health Services Exam. Utilize flashcards and multiple-choice questions, each with hints and explanations. Ensure you're ready for success!

When Sally Roe waives her subrogation rights, it means she is relinquishing her right to have her insurer seek reimbursement from John Doe, the party responsible for the accident. However, in many cases, insurers will proceed with subrogation regardless of the waiver because subrogation clauses are often part of the policy agreement.

Insurance companies typically have the right to pursue recovery from the at-fault party to help keep their costs down and potentially lower premiums for all policyholders. If the insurer decides to proceed with subrogation against John Doe, they may not honor Sally Roe's waiver, as it contradicts their interest in recuperating the losses they've paid out on her claim.

This process reflects the operational frameworks of insurance policies, where an insurer’s rights can supersede the policyholder's actions regarding waiving those rights, especially if the insurer has already incurred expenses on the claimant’s behalf. Thus, the most logical outcome when Sally waives her rights is that the insurer will still pursue subrogation against John Doe and will not recognize the waiver she has put forth.

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