A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New York Harvey Waiver, also known as the New York Pattern Harvey Waiver, is a legal term that refers to a specific type of waiver used in insurance contracts. It is named after the landmark case, National Union Fire Insurance Company v. Standard Oil Co. of New Jersey, commonly known as the Harvey Waiver case. The New York Harvey Waiver enables an insurance company to waive its rights of subrogation against a third party who may be responsible for a loss or damage covered by the insurance policy. In simpler terms, it allows the insurer to relinquish its right to recover losses from a negligent third party, ultimately protecting the insured from potential lawsuits and complications. This type of waiver is typically found in contracts involving construction projects, where multiple parties are involved and subcontractors play a significant role. By utilizing the New York Harvey Waiver, subcontractors are protected from claims brought by the insurer, ensuring a smoother process and mitigating the risk of legal disputes. There are different types of New York Harvey Waivers that cater to specific insurance policy needs. Some common variations include: 1. Limited Waiver: This type of Harvey Waiver only covers specific aspects of an insurance policy, restricting the waiver to certain situations or parties involved. 2. Blanket Waiver: Unlike the limited waiver, a blanket Harvey Waiver extends the waiver to cover a broad range of situations or parties involved in a contract. It offers more comprehensive protection for multiple parties. 3. Mutual Waiver: In certain cases, all parties involved in a contract may mutually agree to waive their rights of subrogation against each other. This type of Harvey Waiver ensures that parties are equally protected from claims brought by insurers or other third parties. It's important to note that New York Harvey Waivers are subject to specific laws and regulations in the state of New York. Parties entering into contracts utilizing this type of waiver should consult legal professionals to ensure compliance and understand the implications of such waivers on their insurance policies.New York Harvey Waiver, also known as the New York Pattern Harvey Waiver, is a legal term that refers to a specific type of waiver used in insurance contracts. It is named after the landmark case, National Union Fire Insurance Company v. Standard Oil Co. of New Jersey, commonly known as the Harvey Waiver case. The New York Harvey Waiver enables an insurance company to waive its rights of subrogation against a third party who may be responsible for a loss or damage covered by the insurance policy. In simpler terms, it allows the insurer to relinquish its right to recover losses from a negligent third party, ultimately protecting the insured from potential lawsuits and complications. This type of waiver is typically found in contracts involving construction projects, where multiple parties are involved and subcontractors play a significant role. By utilizing the New York Harvey Waiver, subcontractors are protected from claims brought by the insurer, ensuring a smoother process and mitigating the risk of legal disputes. There are different types of New York Harvey Waivers that cater to specific insurance policy needs. Some common variations include: 1. Limited Waiver: This type of Harvey Waiver only covers specific aspects of an insurance policy, restricting the waiver to certain situations or parties involved. 2. Blanket Waiver: Unlike the limited waiver, a blanket Harvey Waiver extends the waiver to cover a broad range of situations or parties involved in a contract. It offers more comprehensive protection for multiple parties. 3. Mutual Waiver: In certain cases, all parties involved in a contract may mutually agree to waive their rights of subrogation against each other. This type of Harvey Waiver ensures that parties are equally protected from claims brought by insurers or other third parties. It's important to note that New York Harvey Waivers are subject to specific laws and regulations in the state of New York. Parties entering into contracts utilizing this type of waiver should consult legal professionals to ensure compliance and understand the implications of such waivers on their insurance policies.
