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.
Harvey Waiver Definition: Understanding the Concept and its Types The Harvey waiver, also known as the Harvey waiver of premium provision, is a term commonly used in the insurance industry. It refers to a specific provision within an insurance policy that allows the policyholder to waive the obligation of paying premiums during a period of disability or illness. This provision aims to provide financial relief to policyholders who are unable to work temporarily due to health-related reasons. Keywords: Harvey waiver, definition, insurance policy, disability, illness, premiums, provision, financial relief. Different Types of Harvey Waiver Definition: 1. Total Disability Harvey Waiver: The first type of Harvey waiver is the total disability waiver provision. Under this provision, if the policyholder becomes totally disabled as defined by the insurance policy, they are eligible to have their premium payments waived for the duration of their disability. This type of waiver ensures that the policyholder is relieved from the financial burden of paying premiums during their inability to work. Keywords: total disability, waiver provision, premium payments, disability. 2. Partial Disability Harvey Waiver: The second type of Harvey waiver is the partial disability waiver provision. This provision is slightly different from the total disability waiver. In the event of partial disability, where the policyholder can perform certain duties but not to their full capacity, the policyholder may be eligible for a reduced premium payment during the disability period. This type of waiver offers some financial relief to policyholders facing partial disability, acknowledging their decreased earning potential. Keywords: partial disability, reduced premium payment, disability period, earning potential. 3. Illness-based Harvey Waiver: Another category of the Harvey waiver is the illness-based waiver provision. This provision kicks in when the policyholder is diagnosed with a specific illness outlined in the insurance policy, such as a critical illness or a terminal disease. In such cases, the policyholder can have their premium payments waived temporarily or permanently, depending on the policy terms. This type of waiver intends to alleviate the financial strain on the policyholder and their family when faced with a severe illness. Keywords: illness-based, critical illness, terminal disease, temporary waiver, permanent waiver, financial strain. It is important to note that the specific definitions and requirements of the Harvey waiver vary across different insurance policies and providers. Policyholders should carefully review their insurance policy documents to understand the precise terms and conditions associated with the Harvey waiver provision. In conclusion, the Harvey waiver is a significant provision within an insurance policy that offers relief to policyholders who experience disability or illness. It ensures that policyholders are not burdened with premium payments during such challenging periods. Depending on the insurance policy, there are different types of Harvey waivers available, including total disability, partial disability, and illness-based waivers.
