Short answer
A waiver of subrogation is an insurer's agreement not to recover a claim it has paid from a particular party, even if that party helped cause the loss. In a subcontract it stops the subcontractor's insurers from pursuing the general contractor. It is confirmed by an endorsement on each policy, not by the SUBR WVD box on a certificate.
Subrogation, then the waiver
Subrogation is an insurer’s right, after it pays a claim, to stand in its policyholder’s place and recover that money from whoever was legally responsible for the loss. Policies do not always use the word. On the standard general liability policy the clause is headed Transfer of Rights of Recovery Against Others to Us.
A waiver of subrogation is the insurer’s agreement not to use that right against a particular party. When your subcontract requires one in your favor, the subcontractor’s insurers agree not to come to your company for the money after they pay a claim.
A made-up example
The waiver has two parts. The first is the clause in your subcontract where the subcontractor gives up its own right to recover from you. The second is the insurer’s endorsement, a page attached to the policy that changes its terms. Insurers usually agree to a waiver in response to the one their policyholder has already given, so the clause comes first.
What a waiver does not do
- It does not stop an injured worker from suing your company. A workers’ compensation waiver binds the insurer, not the employee.
- It does not make you an insured under the subcontractor’s policy. That is additional insured status, which is a separate requirement.
What SUBR WVD means on a certificate
On the ACORD 25, the standard certificate of liability insurance, two narrow columns sit beside each policy: ADDL INSD and SUBR WVD. SUBR WVD is short for subrogation waived. A mark in it is a statement, made by whoever filled in the form, that the policy includes a waiver.
The note at the top of the form says that if subrogation is waived, “certain policies may require an endorsement”. It adds that a statement on the certificate does not give the certificate holder rights in place of that endorsement.
What the box leaves out
There is more on the form in What is an ACORD 25? The free certificate check reads a certificate you already hold and shows whether a waiver is only stated on it.
The endorsement forms, by policy
A waiver is given policy by policy. One on general liability does nothing for workers’ compensation. ISO, the Insurance Services Office, publishes the general liability and auto forms below. NCCI, the National Council on Compensation Insurance, publishes the workers’ compensation form. An insurer may use a form of its own instead, so read the wording as well as the number.
| Policy | Standard form | Full title | What to read on it |
|---|---|---|---|
| General liability | CG 24 04 | Waiver of Transfer of Rights of Recovery Against Others to Us. On the 12 19 edition the title ends (Waiver of Subrogation). | The schedule. The waiver applies only to the person or organization shown there. In the 12 19 edition it also reaches only as far as the policyholder waived its own rights before the loss. |
| Business auto | CA 04 44 | Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) | Who it applies to, as on the general liability form. The 10 13 edition attaches to the Business Auto Coverage Form (FC&S listing). |
| Workers' compensation | WC 00 03 13 | Waiver of Our Right to Recover from Others Endorsement | The schedule. The insurer will not enforce its right against the person or organization named there, and nobody else benefits. A sentence the insurer may include limits it to work under a written contract that requires the waiver. |
On general liability an agent may tell you no endorsement is needed. A commentary published by IRMI says it is generally understood that the standard policy allows a policyholder to release another party from liability before a loss. That fits the ACORD note, which says only that certain policies may require an endorsement. If your subcontract requires the endorsement, ask for it: it is the insurer’s own word, and it is what you can file.
Blanket or scheduled
A scheduled waiver names the party it favors. Look for your company’s legal name in the schedule. On CG 24 04 an empty schedule is not always a fault. The form says the information may be shown in the policy’s declarations instead, so ask for that page as well.
A blanket waiver names nobody. Its schedule, or the insurer’s own form, describes a class instead. One example is any person or organization that a written contract requires the waiver for, where that contract was signed before the loss. For a blanket waiver the signed subcontract is part of the evidence. Keep it with the endorsement, and check the date it was signed.
Is there a blank waiver of subrogation form?
Not one that you or the subcontractor can fill in. A downloaded copy with the blanks completed is not part of the policy. The form that counts is an endorsement the insurer issues as a page of the policy.
Two documents are yours to write. One is the waiver clause in the subcontract, which is a job for your construction attorney. The other is the request. Send the subcontractor a short note to forward to their insurance agent:
Our subcontract with [subcontractor’s legal name] requires a waiver of subrogation in favor of [your company’s legal name and address]. We need it on the general liability, business auto and workers’ compensation policies.
Please send a copy of each waiver endorsement as attached to the policy, showing the policy number, the form number and the edition date. The standard forms are CG 24 04, CA 04 44 and WC 00 03 13. An equivalent form from the insurer is fine.
If the waiver is blanket, send the endorsement as issued. If its schedule refers to the declarations, include that page.
If any of these cannot be issued in the state where the work is, tell us which one and why. A certificate with the SUBR WVD box marked is not enough for our file.
Project: [name and address]. Needed by: [date].
Ask before the work starts. An insurer may charge the subcontractor extra premium for a workers’ compensation waiver. Tennessee’s Department of Commerce and Insurance said in a 2015 bulletin that insurers there may. The one-page sheet for the insurance agent asks for the other endorsements in the same way.
States that restrict a workers’ compensation waiver
Workers’ compensation is governed by state law, and some states limit this waiver. These three come from each state’s own statute or insurance department, as checked in October 2026. Laws change, so confirm the rule with your broker or attorney before you rely on a row.
| State | What the state says | Source |
|---|---|---|
| New Hampshire | The Insurance Department states that a waiver of subrogation is not allowed. The statute prohibits any provision in an agreement that requires an employer or its insurer to waive subrogation rights under the workers' compensation law. | Insurance Department FAQs; RSA 281-A:13, VI |
| Kentucky | It is unlawful for an owner or employer to require another employer to waive its remedies under the statute as a condition of receiving a contract. | KRS 342.700(3) |
| Missouri | A contract clause that waives subrogation rights ahead of an injury is void where one party is an employer in the construction group of classifications. | RSMo 287.150(6) |
The list is not complete. Other states have rules of their own, and some use their own form. In California it is WC 04 03 06, shown in one city’s sample endorsements. Your subcontract may ask every subcontractor for WC 00 03 13 wherever the work is. Before you reject paperwork for a waiver the insurer cannot issue, ask your broker what that state allows.
What proves the waiver
The endorsement page, for each policy your subcontract names. Check it against this list.
- It is a page of the policy, with a form number and an edition date. A certificate or a letter from the agent is not the policy.
- It shows the policy number, and the number matches the one on the certificate. If the page carries no number, ask for the declarations page that goes with it.
- The schedule names your company, or uses blanket wording that your signed subcontract meets.
- The policy period covers the work. At each renewal, ask for the endorsement on the renewed policy.
- For workers' compensation, the state where the work is done allows the waiver.
An endorsement may not arrive, or may cover less than the subcontract requires. What to do next is a business and legal decision for you, your broker and your construction attorney. How to verify a certificate of insurance shows where the waiver sits in a full review. This guide covers the United States and is general information, not legal or insurance advice.
Key takeaways
- Subrogation is an insurer recovering a paid claim from whoever caused the loss. A waiver is its agreement not to do that to you.
- SUBR WVD on the ACORD 25 is a statement. The endorsement page is the evidence.
- Ask for one endorsement per policy: CG 24 04 on general liability, CA 04 44 on auto, WC 00 03 13 on workers' compensation, or the insurer's equivalent.
- There is no blank form to fill in. The insurer issues the endorsement, and you send the request.
- Some states restrict the workers' compensation waiver. New Hampshire, Kentucky and Missouri each do, in different ways.
Common questions
Who pays for a waiver of subrogation?
The policyholder asks its own insurer for the endorsement, so under a subcontract the cost starts with the subcontractor. An insurer may charge extra premium for it. Tennessee's Department of Commerce and Insurance, for example, said in a 2015 bulletin that workers' compensation insurers there may apply a fee or charge for the waiver. Whether that cost is passed on to you is a matter for the subcontract.
Is a waiver of subrogation the same as additional insured?
No. An additional insured endorsement makes you an insured under the subcontractor's policy, within its terms. A waiver of subrogation gives you no coverage: it only stops that insurer from recovering from you what it has paid. A subcontract can require both, and they are separate endorsements.
Can a waiver of subrogation be added after a loss?
Do not count on it. IRMI's glossary says policies generally do not bar coverage when a policyholder waives recovery rights before a loss. It adds that many exclude coverage if subrogation is waived afterward. The 12 19 edition of CG 24 04 applies only as far as the policyholder waived its rights before the loss. Have your attorney put the clause in the subcontract, and ask for the endorsement before work starts.
Sources
- Waiver of subrogation (IRMI glossary)
- Subrogation (IRMI glossary)
- Subrogation and the CGL Policy (IRMI expert commentary)
- Examining WC Waivers of Subrogation (IRMI expert commentary)
- ACORD 25 (2025/12), Certificate of Liability Insurance (New York Department of Financial Services)
- WC 00 03 13, Waiver of Our Right to Recover from Others Endorsement (New York Compensation Insurance Rating Board)
- CG 24 04 05 09, WC 00 03 13 and WC 04 03 06 as sample endorsements (City of Sierra Madre, California)
- CG 24 04 12 19 in a sample insurance packet (Town of Fountain Hills, Arizona)