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September 2, 2026 · 5 min read

Waiver of Subrogation Explained (Plain English)

A waiver of subrogation stops your insurer from suing the other party after paying your claim. Here is when to grant one.

What subrogation is

When your insurer pays a claim caused by someone else, it inherits your right to recover that money from the responsible party. That is subrogation. A waiver of subrogation is an endorsement in which your insurer gives up that recovery right against a specific party — usually a client, landlord, or general contractor.

Why the other party wants it

Without a waiver, a client whose premises hosted an injury to your employee can be pursued by your workers' comp carrier. A waiver removes that risk, which is why it appears in almost every construction contract, hospital vendor agreement, staffing contract, and commercial lease.

Where you will see it

Waivers are most often requested on workers' compensation, general liability, and commercial auto. On workers' comp, most states allow the endorsement for a charge — often around 2–5% of the premium attributable to that job, or a flat fee. Some states, and some monopolistic funds, restrict blanket waivers.

When to push back

Granting a waiver is normally reasonable and required to win work. Push back when the request is mutual-but-not-really (they want a waiver from you and grant none in return on a shared-risk project), when it is combined with a broad indemnity clause that shifts liability you did not create, or when your carrier will not issue it at all — in which case the contract needs amending before you sign, not after a loss.

Frequently asked questions

Does a waiver of subrogation cost extra?

Often a modest charge on workers' compensation, and frequently no charge on general liability where a blanket endorsement already exists.

Can I add a blanket waiver?

Most carriers offer a blanket waiver endorsement covering any party you have agreed in a written contract to waive against. That is far easier than requesting one per job.

Does a waiver of subrogation appear on the COI?

Yes — it is shown in the description of operations box and, on many ACORD 25 forms, with the endorsement form number referenced.