Waiver of subrogation endorsement: forms, wording and what to check
Most construction contracts and many vendor agreements have a line like "Subcontractor's insurers shall waive all rights of subrogation against Contractor and Owner." A sub's agent then checks the SUBR WVD box on the certificate of insurance and everyone moves on.
The checkbox isn't the waiver, though. The waiver is a policy endorsement. If it isn't on the policy, the insurer can still pay its own customer and then come after you for the money. This guide covers what the endorsement is, which standard forms are used, and how to confirm a vendor actually has one.
New to the idea? Start with the interactive waiver of subrogation explainer. It walks through who pays when a sub's worker gets hurt, with and without a waiver.
What the endorsement does
Subrogation is the insurer's right to step into its customer's shoes after paying a claim and sue whoever caused the loss. A waiver of subrogation endorsement is the insurer agreeing in writing not to do that against a specific party, or any party you've agreed in a written contract to protect.
Here's a common example. A drywall sub's employee trips over the GC's extension cord and is hurt. The sub's workers' comp carrier pays the medical bills and lost wages. Without a waiver, that carrier can sue the GC to recover what it paid. With a waiver on the sub's workers' comp policy, it can't.
The standard forms
Most US policies use standard forms from ISO (general liability and auto) and NCCI (workers' comp). Your contract may name a form number, and the endorsement page on the policy will show one.
| Policy | Common standard form | Title |
|---|---|---|
| General liability | CG 24 04 | Waiver of Transfer of Rights of Recovery Against Others to Us |
| Business auto | CA 04 44 | Waiver of Transfer of Rights of Recovery Against Others to Us |
| Workers' compensation | WC 00 03 13 | Waiver of Our Right to Recover From Others Endorsement |
| Umbrella / excess | Carrier-specific | Usually follows the underlying policies, or has its own waiver wording |
Two things to know about these forms:
- Insurers often use their own versions. A carrier's form number may look nothing like CG 24 04 and still do the same job. Read what it says, not just the number.
- Some general liability policies already include a waiver. Many contractor GL policies include a "blanket waiver where required by written contract" inside a broader endorsement package. The certificate may reference that package instead of a separate form.
Blanket vs. scheduled waivers
The endorsement either names you or describes you.
- Scheduled (specific) waiver. The endorsement schedule lists your company by name, sometimes along with a project. It's clear, but someone has to add each new client.
- Blanket waiver. The schedule says something like "Any person or organization with whom you have agreed in a written contract, executed prior to loss, to waive rights of recovery." Every client with the right contract language is covered automatically.
Blanket waivers are common for subs who work for many GCs. They come with a catch: the protection depends on your written contract. If the subcontract wasn't signed before the loss, or doesn't actually require a waiver, a blanket waiver may not apply to you. There's more detail in blanket waiver of subrogation, explained.
How to check it on a certificate
On an ACORD 25, look at the SUBR WVD column next to each policy your contract says needs a waiver. Usually that's general liability and workers' comp, sometimes auto and umbrella too. Then:
- Make sure the box is marked on every required line. A waiver on GL doesn't cover workers' comp, and the other way around.
- Read the Description of Operations box. Agents often write things like "Waiver of subrogation applies in favor of the certificate holder on GL and WC where required by written contract." Check that the wording matches your contract.
- Get the endorsement for higher-risk work. The certificate says it confers no rights. If the job is big or dangerous, ask for the endorsement pages. They're short, and the broker can send them in minutes.
- Compare dates. The endorsement has to be on the policy that's in force. A waiver on last year's policy doesn't help.
You can upload a certificate to the free ACORD 25 checker to see whether the waiver boxes are marked on the lines you require.
What it costs, and who pays
Waivers have a price, especially on workers' comp. A common approach is a percentage of the policy premium with a flat minimum, either per waiver or once for a blanket waiver. GL and auto waivers are usually cheap or included in a contractor endorsement package.
The vendor normally pays, because your contract requires it. Subs build the cost into their bids. If a sub pushes back, the honest answer is that the waiver is a contract requirement like any other insurance limit.
A few cautions
- State rules vary for workers' comp. Some states restrict or prohibit workers' comp waivers in certain situations. If you work in several states, ask your broker which ones apply.
- A waiver can affect your own claims. Waivers often go both ways. Your own policy may need a matching waiver if your contract promises one. Have your broker review mutual waiver clauses.
- A waiver isn't additional insured status. A waiver stops the sub's insurer from suing you. Additional insured status lets you claim under the sub's policy. Most contracts require both. See additional insured vs. certificate holder.
Keeping track across every vendor
Checking one waiver is easy. Checking it on every renewal for every sub is where things slip, because endorsements quietly drop off when a sub changes carriers. Certy reads each certificate, flags a missing waiver on the general liability line when your requirements call for one, and reminds the vendor to send a new COI before the old one expires.
This article is general information, not legal or insurance advice. Confirm endorsement wording with your broker or attorney.
Frequently asked questions
What is a waiver of subrogation endorsement?
It is a change to an insurance policy in which the insurer gives up its right to recover what it paid on a claim from a party named in the endorsement or described in a written contract. Without it, the insurer can pay its own insured and then sue you to get the money back.
Is the SUBR WVD box on an ACORD 25 the same as an endorsement?
No. The box is the agent's note that a waiver exists. The certificate itself says it does not change the policy. The endorsement attached to the policy is what creates the waiver, so request a copy when the work is high risk.
Which form is used for a waiver of subrogation on workers' comp?
Most states use the NCCI endorsement WC 00 03 13, Waiver of Our Right to Recover From Others. A few states have their own state-specific versions, and some states restrict workers' comp waivers.
Does a waiver of subrogation endorsement cost extra?
Often, yes. Workers' comp waivers commonly carry a charge based on a percentage of premium, with a minimum. General liability and auto waivers are usually inexpensive or included. Ask the broker for the exact charge.