The practical issue.
A waiver of subrogation is intended to restrict an insurer from pursuing recovery against a specified party after paying a covered loss. The effect and availability can differ by coverage line, jurisdiction, policy wording and timing.
Questions that change the answer.
- Which party receives the waiver and for which work?
- Which coverage lines are included?
- Is the waiver required before a loss?
- Does the policy allow a contractual waiver, or is an endorsement needed?
- Could local workers compensation rules restrict or change the result?
Common decision positions.
- List the coverage lines instead of using a blanket waiver with unclear scope.
- Limit the waiver to the contracted activity and relevant parties.
- Confirm workers compensation treatment separately from general liability or property.
- Escalate retroactive or after a loss requests.