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.
The Tennessee Harvey Waiver is a legal concept that refers to the waiver of certain rights and defenses in the context of insurance claims arising from property damage caused by hurricanes and windstorms, particularly Hurricane Harvey. It is important to note that "Tennessee Harvey Waiver" is not an official term but rather a colloquial name given to this type of waiver. The Tennessee Harvey Waiver is typically associated with insurance policies in Tennessee that provide coverage for damages caused by hurricanes or windstorms. When policyholders file claims for property damage caused by Hurricane Harvey or other similar events, insurance companies may require them to sign a Harvey Waiver in order to proceed with the claims process. A Tennessee Harvey Waiver generally involves the policyholder voluntarily giving up certain rights and defenses to facilitate the expedited settlement of their claim. By signing this waiver, the policyholder agrees to settle their claim based on the insurer's assessment of the damage, without the need for extensive investigations or negotiations. This can help expedite the claims process and provide timely financial assistance to policyholders in need of immediate repairs or rebuilding. It is important to highlight that different insurance companies may have varying versions or variations of the Tennessee Harvey Waiver. While the fundamental purpose remains the same, some insurers may include additional clauses, specifications, or conditions within their waivers. These variations may pertain to matters such as deductible modifications, coverage limitations, and the scope of waived rights. Policyholders considering signing a Tennessee Harvey Waiver should carefully read and understand the terms outlined in the document. It is advisable to consult with an insurance professional or legal advisor to ensure that they fully comprehend the implications of signing the waiver and the potential impact it may have on their rights and coverage. In conclusion, the Tennessee Harvey Waiver is a type of agreement commonly used in insurance claims related to property damage caused by hurricanes or windstorms, often associated with Hurricane Harvey. It entails the voluntary surrender of certain rights and defenses by policyholders to streamline the claims process, potentially expediting their settlements. However, it is crucial for policyholders to thoroughly review and comprehend the terms of the waiver before signing it, given the potential variations among insurers.
