Waiver of Subrogation

A Waiver of Subrogation is a contractual agreement where one party's insurer agrees in advance that it will not pursue subrogation (recovery) against another specified party, even if that party contributed to the loss. In construction, GCs typically require subcontractors to waive subrogation in favor of the GC and the property owner on both the CGL (via form CG 24 04) and Workers' Comp (via form WC 00 03 13). Without the waiver, a sub's insurer could pay a claim and then sue the GC to recover, turning one claim into a second lawsuit.