waiver

The intentional relinquishment of a known right, claim, or privilege. Phillips v Lagaly (CAIO Okla) 214 F2d 527, 50 ALR2d 626; Smith v Smith, 235 Minn 412, 51 NW2d 276, 32 ALR2d 1135. A voluntary and intentional relinquishment of a known and existing right, or such conduct as warrants an inference of the relinquishment of such right. An election to dispense with something of value or to forego some advantage which one might, at his option, have demanded. 29A Am J Rev ed Ins § 1009. The intentional surrender of a known right or privilege, such surrender modifying other existing rights or privileges, or varying the terms of a contract. Lenoir Memorial Hospital, Inc. v Stared, 263 NC 630, 139 SE2d 901. The term implies the intentional relinquishment of a known right after knowledge of the facts. It implies the intentional forbearance to enforce a right, and necessarily, therefore, assumes the existence of an opportunity for choice between the relin-quishment and the enforcement of the right. Anno: 53 ALR 528. Waiver presupposes a full knowledge of a right existing, and an intentional surrender of relinquishment of that right. It contemplates something done designedly or knowingly, which modifies or changes existing rights, or varies or changes the terms and provisions of a contract. It is the voluntary surrender of a right. Sovereign Camp, W.W. v Newsom, 142 Ark 132, 219 SW 759, 14 ALR 903. To establish a waiver, there must be shown an act or omission on the part of the one charged with the waiver fairly evidencing an intention permanently to surrender the right alleged to have been waived. Dunbar v Farnum, 109 Vt 313, 196 A 237, 114 ALR 996. A waiver as to insurance presupposes a right to declare a forfeiture and such subsequent conduct by the insurer as to justify a conclusion that the insurer did not intend to assert its rights in that respect. Seavey v Erickson, 244 Minn 232, 69 NW2d 889, 52 ALR2d 1144.