Endorsements

Waiver of governmental immunity defense wording and examples

A waiver of governmental immunity endorsement can modify when an insurer may use a governmental immunity defense. These endorsements address when an insurer may use a governmental immunity defense.

Coverage classification

Form type
Endorsements

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Waiver of governmental immunity defense forms compared by Intent, Whose defense, Conditions
FormIntentWhose defenseConditions

State Farm Fire and Casualty Company

Waiver of Governmental Immunity

2021B

Personal Auto Liability

Provides that the governmental immunity defense will not be used in a lawsuit against an insured, subject to written direction.Applies to insureds entitled to the defense.The defense may be used if all insureds entitled to it direct the insurer in writing.

ACE Property and Casualty Insurance Company

Additional Insured - Port Authority of New York and New Jersey, Including Waiver of Governmental Immunity Condition

AAP 309 (05/25)

Airport Owners and Operators General Liability

Adds a specified authority as an insured and addresses defenses involving its immunity and related matters.Applies to the Port Authority of New York and New Jersey as described in the endorsement.The insurer must obtain express advance written permission from the authority’s general counsel before raising specified defenses.

Notable clauses

“if all insureds entitled to such a defense direct us in writing to use it”

State Farm Fire and Casualty Company · Waiver of Governmental Immunity · 2021B

Written direction. The endorsement permits use of the defense when this written-direction condition is met.

“without obtaining the express advance written permission from the General Counsel”

ACE Property and Casualty Insurance Company · Additional Insured - Port Authority of New York and New Jersey, Including Waiver of Governmental Immunity Condition · AAP 309 (05/25)

Advance permission. The form requires this permission before the insurer raises the listed defenses involving the Port Authority.

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