Contracts

Waiver of Subrogation

A clause preventing an insurance carrier from pursuing recovery from a third party after paying a claim. Common in construction insurance.

Subrogation is the right of an insurance carrier, after paying a claim to its insured, to step into the insured's shoes and pursue recovery from the third party that actually caused the loss. A waiver of subrogation eliminates that right against specific named parties. In construction contracts, mutual waivers of subrogation between owner, GC, and subcontractors are standard. The waivers prevent each party's insurer from suing another contracting party after a covered loss, even if that party's negligence caused the loss.

The purpose: keep losses inside the insurance system rather than triggering cross-claims between contracting parties that destroy working relationships and balloon legal cost. Both the contract clause and the actual policy endorsement (often ISO CG 24 04) must be in place; a contractual waiver without a corresponding policy endorsement leaves the carrier free to subrogate. Builder's risk policies almost always include a waiver of subrogation against named parties as a standard endorsement. Verify the actual endorsement, not just the contract clause.

Frequently asked questions

What does a waiver of subrogation do?+

It prevents the carrier of one party from suing another contracting party for reimbursement after paying a claim, even when the other party's negligence caused the loss. Keeps construction-related losses inside the insurance system rather than triggering inter-party lawsuits.

Why are waivers of subrogation standard in construction?+

They preserve relationships between contracting parties, reduce litigation cost, and keep losses inside the insurance system. Without the waiver, every covered loss could become a multi-party lawsuit between owner, GC, subs, and design team after the carriers chase recovery.

Is a contractual waiver enough?+

No. The contract waiver and the actual policy endorsement (typically ISO CG 24 04 on CGL, parallel endorsements on builder's risk and other policies) must both be in place. A contractual waiver without a corresponding policy endorsement leaves the carrier free to subrogate. Verify the endorsement on the certificate of insurance.

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