Guide

Waiver of subrogation, explained for GCs and property managers

Your subcontract requires a "waiver of subrogation" in your favor, and the sub's certificate has an X in the SUBR WVD column. What does the waiver do, and is the X enough? Plain English for GC offices and property managers.

The short answer

  • Subrogation: after paying a claim, an insurer takes over its insured's right to recover the loss from whoever is legally responsible for it.
  • Waiver of subrogation: the insurer gives up that right against a party, such as you. It's added by an endorsement on each policy, and an X on the certificate isn't the endorsement.

What subrogation is

IRMI defines subrogation as the assignment to an insurer, "by terms of the policy or by law, after payment of a loss", of its insured's right to recover from the party legally responsible. The standard workers' comp endorsement puts it simply: "We have the right to recover our payments from anyone liable for an injury covered by this policy."

Say a sub's worker is hurt on your job. The sub's workers' comp insurer pays the claim. If it thinks you caused or contributed to the injury, it may try to recover what it paid from you.

What a waiver of subrogation does

IRMI notes insurers typically agree to a waiver because their insured has already given up its own right of recovery against that party, and the protected party may want proof from the insurer that the sub's coverage still stands. Timing matters: policies generally allow an insured to waive recovery before a loss, but many exclude coverage if it's waived after one.

GCs and owners put it in subcontracts for protection: California's State Compensation Insurance Fund says contractors, especially in construction, may require one to protect themselves from liability for future accidents. It often costs the sub extra premium.

Know its limits. An IRMI commentary on workers' comp waivers points out that the waiver doesn't stop an injured employee of the sub from suing the contractor. It only bars the sub's workers' comp insurer from bringing its own subrogation action. Additional insured status is a separate requirement; see additional insured vs certificate holder.

It's done by endorsement, on each policy

Each line of coverage has its own waiver endorsement form (see below), so if your contract requires a waiver on general liability, auto and workers' comp, ask for one on each policy. On the ACORD 25, the coverage table has a SUBR WVD (subrogation waived) column on each policy row. The form's "IMPORTANT" box says: "If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)."

Texas's Department of Insurance tells agents to check that box "if the policy includes a Waiver of Subrogation endorsement" that names the certificate holder. The X points to an endorsement; it isn't one. Ask for the endorsement itself. See how to read an ACORD 25 for the rest of the form, or ACORD 25 vs ACORD 28 if you're dealing with property insurance.

Endorsement forms you'll see

These are standard forms. Some insurers use their own wording and form numbers (California's State Fund, for example, numbers its workers' comp waivers 2570 and 2572), so read the endorsement, not just its number.

  • CG 24 04 (ISO), Waiver of Transfer of Rights of Recovery Against Others to Us, for general liability. The 05 09 edition waives recovery for payments arising out of the sub's ongoing operations or completed work "done under a contract with that person or organization", and "applies only to the person or organization shown in the Schedule".
  • CA 04 44 (ISO), for business auto. It's a scheduled form: you must be listed for the waiver to apply.
  • WC 00 03 13 (NCCI), Waiver of Our Right to Recover From Others, for workers' comp. The insurer won't enforce its recovery right against the party named in the schedule, but only "to the extent that you perform work under a written contract that requires you to obtain this agreement from us".

Blanket vs scheduled waivers

A scheduled (or specific) waiver names you. A blanket waiver doesn't name anyone and applies more broadly. California's State Fund, for example, offers both for workers' comp: its blanket waiver "applies to all jobs where you perform work under a contract with a third party". At State Fund, a specific waiver can be added at any time, while a blanket one can only be requested at policy inception, and they're priced differently. State Fund also notes its waivers don't carry over to a renewal automatically. For auto, ISO's CA 04 43 makes the waiver automatic when it's required in a contract.

With a blanket waiver, the contract is what ties the waiver to you, so keep the signed copy on file and make sure it actually requires the waiver. And don't expect your name on the certificate: in Texas, when the policy has only a blanket waiver, the certificate can't say the waiver is in your favor, though it can say the policy contains a blanket waiver. Ask for a copy of the blanket endorsement.

Some states restrict workers' comp waivers

Some states restrict or regulate workers' comp waivers of subrogation. Examples from the statutes themselves:

  • Kentucky (KRS 342.700): it's "contrary to public policy and unlawful" for an owner or employer to require another employer to waive its remedies under that section to get a contract or purchase order.
  • Missouri (RSMo 287.150): where one party is an employer in the construction group of code classifications, a contract provision waiving subrogation rights in anticipation of a future injury or death is "against public policy and void".
  • New Hampshire (RSA 281-A:13, VI): any agreement requiring an employer or its insurer to waive its subrogation rights under the workers' comp law "is hereby prohibited".

The IRMI commentary also lists New Jersey and, in certain instances, Kansas. Other states may have rules of their own, so check with your agent or lawyer before requiring a workers' comp waiver.

What to ask a sub for

  1. A current ACORD 25 with your exact legal name as certificate holder and SUBR WVD marked on each policy that needs a waiver.
  2. A copy of each waiver endorsement, with form number and edition: GL (e.g. CG 24 04), auto (e.g. CA 04 44 or CA 04 43) and workers' comp (e.g. WC 00 03 13, where the state allows it). A scheduled form should list you by name.

If something doesn't line up, call the producer (agent) listed on the certificate.

Checklist

  • ☐ Your contract says which policies need a waiver in your favor.
  • ☐ You hold an endorsement for each one, not just an X in SUBR WVD.
  • ☐ Scheduled form: your name is in the schedule. Blanket form: the signed contract requiring the waiver is on file.
  • ☐ The policy numbers on the endorsements match the certificate.
  • ☐ For workers' comp, you've checked whether the state where the work happens restricts waivers.
  • ☐ Expiry dates are tracked, and you ask for the endorsements again at renewal.

This guide is general information, not legal or insurance advice. Your contract, and your own insurance agent or lawyer, decide what you need and whether a sub's endorsements meet it.

Let GreenlightSubs keep the certificates current

Add your subs and their expiry dates, or import a spreadsheet. Each sub gets a no-login upload link 30, 14, 7 and 1 days before a document expires (the default schedule, which you can change), then weekly after it has expired, up to 4 reminders. When one certificate shows several policies you need, the sub uploads it once and ticks the policies it covers. You review each upload and approve it. GreenlightSubs doesn't check endorsements or coverage with the insurer; that stays your call. Free for up to 5 vendors.

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More in the help center: reviewing and approving uploads and what your vendors see.

Sources

All fetched November 6, 2026.

ACORD is a registered mark of ACORD Corporation. ISO forms are copyright Insurance Services Office, Inc., and NCCI forms are copyright National Council on Compensation Insurance. GreenlightSubs is not affiliated with any of them. GreenlightSubs tracks documents and reminds vendors; it doesn't verify coverage or endorsements with insurers.