What Is A Waiver Of Subrogation? A Plain-English Guide
Why GCs require waivers, which policies need them, and the forms that grant them.
What it actually does
Subrogation is an insurer's right, after paying its insured's claim, to step into the insured's shoes and recover from whoever actually caused the loss. A waiver of subrogation gives that right up against a specific party — so after the sub's insurer pays a claim, it can't turn around and sue the GC or owner to recover the money.
GCs require waivers to keep post-loss disputes from boomeranging. Without one, a covered loss can trigger the sub's insurer suing the GC, dragging the GC's defense costs and loss history into a claim the sub's policy was supposed to handle. The waiver shuts that recovery action down and preserves the working relationship.
Waivers are policy-specific: the CGL waiver is CG 24 04, the workers' compensation waiver is WC 00 03 13, and the business-auto waiver is CA 04 44. A subcontract that requires "a waiver of subrogation on all policies" needs all three. Each can be scheduled (named party) or blanket (anyone a written contract requires) — confirm which you have, and that the protected party is actually covered.
Verification checklist
- 01Identify which policies the subcontract requires waivers on (CGL, WC, auto) and confirm each form.
- 02Confirm whether each waiver is scheduled (named) or blanket — and that you qualify.
- 03Don't rely on a COI checkbox; confirm the actual endorsement on each policy.
- 04Verify the policy periods cover the work.
Common mistakes
- ·Getting the CGL waiver but forgetting workers' comp (WC 00 03 13) and auto (CA 04 44).
- ·Relying on the COI's waiver checkbox without the underlying endorsements.
Frequently asked questions
What does a waiver of subrogation protect against?
It stops a subcontractor's insurer, after paying a claim, from suing you to recover that payment — keeping a loss the sub's policy handled from rebounding onto you.
Which policies need a waiver?
Whichever the contract names — commonly all three: CGL (CG 24 04), workers' comp (WC 00 03 13), and business auto (CA 04 44). Each is a separate endorsement.
Is a blanket waiver valid?
Yes, when the form provides it — a blanket waiver applies wherever a written contract executed before the loss requires it, without naming each party.
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This page explains Waiver of Subrogation (Explained) in plain English for COI verification. It is informational only and is not legal or insurance advice — confirm the actual endorsement language and have your counsel or insurance agent review your specific requirements.