Waiver of Subrogation is frequently confused with Additional Insured, but the two protect against different things, in different directions. GCs often require both — understanding what each actually does helps you make sure you have the right one, not just one of them.
What Subrogation Means
After your insurer pays out a claim, they normally retain the right to pursue the party actually responsible for the loss to recover what they paid — that right is called subrogation. It’s a standard part of how insurance works, not something specific to contractors.
What Waiving It Does
A Waiver of Subrogation means your insurer gives up that right against a specific named party — typically the GC. In practice, it means if your insurer pays a claim connected to a project, they can’t turn around and sue the GC to recoup the cost, even if the GC bore some responsibility.
Why GCs Require It
Without the waiver, a GC could theoretically get pulled into litigation initiated by your own insurance company after they’ve already dealt with the original claim. Requiring the waiver upfront removes that exposure entirely, which is why it’s now a standard request on most commercial contracts, not just an occasional one.
How It’s Different From Additional Insured
Additional Insured extends your coverage to protect the GC directly. Waiver of Subrogation instead limits your insurer’s own right to recover costs from the GC after the fact. A certificate can have one without the other — GCs increasingly want both, and a certificate missing either one is likely to come back.
Need a Waiver of Subrogation added for a specific GC? Contact us and we’ll get it endorsed.