Glossary

Waiver of subrogation

An endorsement in which an insurer gives up its right to recover a paid claim from a named party, usually one the policyholder contracted with.

Also called: waiver of transfer of rights of recovery, waiver of our right to recover from others, WOS

A waiver of subrogation takes away the insurer's right to pursue a specific party after paying a claim. Landlords, general contractors and customers ask for one so your insurer cannot sue them for a loss they may have contributed to. The contract sets the requirement, and your insurer must agree to it by endorsement; promising the waiver in a contract does not create it.

The forms follow the policy. NCCI's WC 00 03 13 handles workers' compensation, ISO's CG 24 04 handles a scheduled party on general liability, and CG 24 53 waives for anyone a written contract requires. Commercial auto uses CA 04 44. A waiver on one policy does not carry over to the others. Commercial property conditions (CP 00 90) allow a written waiver made before the loss. Insurers often charge a premium for the endorsement, and it protects only the parties it names, only for the work and period it describes.

The pitfalls are timing and proof. A waiver generally must be in place before the loss, and a "subrogation waived" box on a certificate of insurance is not evidence, since the endorsement is. If you sign a contract requiring the waiver without telling your broker, you risk breaching the contract with no coverage behind it. The guide on waiver of subrogation: what it is and when contracts require it explains when contracts demand it, and subrogation covers what is being given up.

Last reviewed October 10, 2026

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Related terms

Subrogation An insurer's right, after paying a claim, to step into the policyholder's position and recover the loss from whoever caused it. Additional insured A person or business added by endorsement to someone else's liability policy so it can claim directly for suits tied to the policyholder's work or premises. Primary and noncontributory Wording that makes your liability policy respond first to a party you named as an additional insured, without drawing on that party's own insurance. Hold harmless agreement A contract clause in which one party agrees to take on another party's liability for specified claims, usually those arising from the first party's work. Certificate of insurance A one-page summary issued by an agent or insurer showing what coverage a business carried on the date issued, which confers no rights on the holder.

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