This CLE webinar will discuss the insurance ramifications of waivers of subrogation provisions in commercial contracts. The panel will offer practical considerations for making sure that a subrogation waiver is correctly set up and preserves available insurance coverage.
Description:
Waivers of subrogation, additional insured requirements, and contractual indemnities in commercial contracts operate together to allocate risk, and if they are uncoordinated, coverage, recovery rights, and financial responsibility for a loss will be affected. To start with, whether a waiver of subrogation is even appropriate will depend on industry and the typical liabilities encountered. Waivers of subrogation are common in, but not limited to, construction, leasing, auto insurance, and supply chains. In general, they are used where quick resolution and prompt payment are more important than maximizing compensation. Having a paragraph labeled "Waiver of Subrogation," however, does not guarantee that it will be enforced.
Waivers of subrogation can be in the contract between the insured and the third party or in the insurance policy. If the waiver is in the contract only, an endorsement from the insurer will usually be required to alter the insurer's rights set out in the policy. Waivers can be "blanket" or only cover scheduled or listed categories of losses. Vague or incomplete endorsements are a common mistake and can give insurers an opening for recovery outside the language of the subrogation waiver. Some states have anti-subrogation rules and exceptions to them that must be navigated.
Listen as this esteemed panel discusses the insurance ramifications of waivers of subrogation provisions, how subrogation waivers operate in conjunction with additional insured provisions and indemnity, and practical considerations for an effective waiver and preservation of available coverage.
Speaker:
John G. Koch
Date & Time:
Tuesday, August 18, 2026 | 1:00 p.m. EST
Register:
For more information and to register, click here.
