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 To rely upon the doctrine of waiver under the common law, a party is not required to show prejudice or detrimental reliance caused by the opposing party's waiver of a contract right. As Chief Justice Davis stated, 'The doctrine of waiver focuses on the conduct of the party against whom waiver is sought, and requires that party to have intentionally relinquished a known right. There is no requirement of prejudice or detrimental reliance by the party asserting waiver.' Potesta v. U.S. Fid. & Guar. Co., 202 W.Va. 308, 315-16, 504 S.E.2d 135, 142-43 (1998).


Waiver does not require proof of prejudice ...