In Emery Waterhouse Co. v. Lea, 467 A.2d 986, 994, 5 (Me. 1983) the Law Court discussed such issues. At page 994 it stated: "Whether or not an insurance policy expressly reserves subrogation rights, it is the universal rule that upon payment of a loss the insurer is entitled to pursue those rights against a third party whose negligence or wrongful act caused the loss. But an insured may defeat the insurance company's rights of subrogation by entering into an agreement of release with the wrongdoer before the policy is issued, or, after the policy is issued, but prior to loss." At page 995 the Law Court stated that such exculpatory agreements did not contravene public policy.