An Express Waiver occurs when:

• A. Occurs when the insurer or its representative knowingly gives up a known right under the insurance contract.
• B. Waiver inferred by conduct of the insured.
• C. Waiver by policy lapse due to nonpayment.
• D. Waiver by misrepresentation.

Answer: (A)

An Express Waiver happens when the insurer or someone authorized to act for the insurer explicitly relinquishes a known right under the policy, and this surrender is intentional and clearly communicated (by words or written notice). The crucial point is that the right is known and the waiver is deliberate—not something inferred from behavior or a consequence of the policy itself. Because it’s explicit, the insured can rely on it for the claim at hand, and the insurer is bound by that waived provision for the scope of the waiver. This differs from waivers that are inferred from conduct (which are implied waivers) and from other concepts like lapse due to nonpayment or misrepresentation, which involve different mechanics and consequences.