How subrogation works
When an insurer pays a loss caused by someone else, it normally steps into the insured's shoes and can seek reimbursement from that party. That right is subrogation. A waiver of subrogation endorsement tells the insurer it may not do that against the named party.
Why contracts ask for it
- A general contractor or owner does not want your workers' comp carrier suing it after an injured employee of yours is paid
- It keeps claims inside each party's own insurance instead of cross-suits
- It is usually written as a blanket endorsement that applies when a written contract requires it, or as a named endorsement for one party
Where it appears
| Policy | What the waiver does |
|---|---|
| Workers' comp | Your workers' comp carrier waives its right to recover from the named party after paying an injured employee of yours |
| General liability | Your liability carrier waives recovery against the named party for the covered loss |
| Commercial auto and others | Possible if the contract requires it and the carrier agrees |
What to check before you sign a contract
- Does the contract require a waiver on every policy, or only workers' comp?
- Is a blanket waiver acceptable, or must the named party appear on the endorsement?
- Does it require the waiver to apply to subcontractors you hire? Pass the same requirement down in your subcontracts
- Ask your broker how the carrier handles the endorsement and whether it is an included form or an extra charge, before you agree to the contract
Waiver of subrogation vs additional insured
They are different endorsements. An additional insured endorsement gives the other party coverage under your liability policy. A waiver of subrogation only stops your insurer from suing that party after it pays your claim. Many contracts require both. Not every carrier allows every endorsement on every policy, so ask before you commit.
Ask for the endorsement
Tell us what your contract says and we will confirm which carriers can issue the endorsement you need and send the certificate. Call (858) 925-9555 or request a review online — only your name, phone and email are required; we collect project details by phone. Asena Capital Insurance Services, CA License #6008596.
Frequently asked questions
What does a waiver of subrogation do?
It stops your insurer from suing a specific party, such as the general contractor, to recover money it paid on your claim.
Is a waiver of subrogation the same as additional insured?
No. Additional insured gives the other party coverage under your policy. A waiver only blocks your insurer from pursuing that party after paying.
Do I need a waiver of subrogation on my workers' comp?
Only if your contract requires it. Many general contractor subcontracts do.
How do I get a waiver of subrogation endorsement?
Ask your broker. The carrier adds the endorsement to the policy and issues a certificate that shows it. Send us the contract language so we can match it.