Clause mechanics

Waiver of subrogation requirements by coverage line

Separate the commercial request from the policy endorsement and confirm where a waiver is appropriate.

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.