What defines an implied waiver?

An implied waiver is defined as a waiver that is assumed based on actions. This concept arises when an individual's behavior indicates that they are willing to relinquish a known right or privilege, even if there is no formal declaration or written documentation of that waiver. For instance, if someone consistently accepts late payments without objection, it may suggest that they have waived their right to enforce timeliness, even if they never explicitly stated this waiver.

In legal and insurance contexts, recognizing implied waivers is crucial because it underscores how actions can speak volumes about intentions and agreements. This contrasts with other types of waivers, such as those that require explicit documentation or formal processes, which are characterized by clear, written statements of intent or conduct that seeks to enforce rights or obligations.