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Waiver of Subrogation on a Certificate of Insurance Explained

What a waiver of subrogation means in vendor contracts, how to check the SUBR WVD column on an ACORD 25, and which endorsement forms back the checkbox.

A Waiver of Subrogation is an endorsement that prevents a vendor's insurer from suing you to recover money after paying a claim arising from the vendor's work. On an ACORD 25 certificate, it is shown by a Y in the SUBR WVD column and backed by forms like CG 24 04 or WC 00 03 13.

You can check an ACORD 25 certificate for free to confirm Waiver of Subrogation flags across all policy rows.

How Subrogation Works—and Why Contracts Waive It

According to the National Association of Insurance Commissioners (NAIC), subrogation is the legal right of an insurer that has paid a loss to step into the shoes of its insured and recover the claim payment from a third party that may have contributed to the loss.

Without a Waiver of Subrogation, here is what can happen on a commercial property or jobsite:

  1. An technician employed by Metro HVAC Services Inc. injures their back while climbing a ladder onto the roof of a building owned by 123 Main Street Holdings LLC and managed by Harborview Property Management Inc..
  2. The technician files a Workers' Compensation claim. Metro HVAC Services Inc.'s Workers' Compensation insurer pays $85,000 in medical bills and lost wages.
  3. The insurer's subrogation unit then sues 123 Main Street Holdings LLC and Harborview Property Management Inc., alleging that dim lighting in the roof access stairwell contributed to the slip.

When a Waiver of Subrogation endorsement is in place on the vendor's policy, the vendor's insurer gives up its right to bring that recovery lawsuit against the building owner and property manager.

Standard Waiver of Subrogation Endorsement Forms

Each line of coverage on an ACORD 25 uses a separate endorsement form to waive subrogation rights:

Coverage Line on ACORD 25SUBR WVD ColumnStandard ISO / NCCI Endorsement FormOfficial Form Title
Commercial General LiabilityYCG 24 04 (05 09 or 12 19) or CG 24 53Waiver of Transfer of Rights of Recovery Against Others to Us
Workers' CompensationYWC 00 03 13 (NCCI standard)Waiver of Our Right to Recover From Others Endorsement
Commercial Auto LiabilityYCA 04 44 (10 13)Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation)
Umbrella / Excess LiabilityYCU 24 03 or Follow-Form wordingWaiver of Transfer of Rights of Recovery (Umbrella)

Note on State Workers' Compensation Rules: Produced by the National Council on Compensation Insurance (NCCI), form WC 00 03 13 is standard in most states, though monopolistic states (such as Ohio, Washington, North Dakota, and Wyoming) and certain state bureaus (such as California's WC 04 03 06 or Texas's WC 42 03 04) have state-specific rules or forms. Additionally, Kentucky statutes (KRS 342.700(3)) restrict Workers' Compensation waivers of subrogation.

Worked Example: Checking the SUBR WVD Column on an ACORD 25

Suppose Harborview Property Management Inc. reviews an ACORD 25 submitted by Apex Plumbing LLC for work at 123 Main Street Holdings LLC under the $2,000,000 Each Occurrence / $4,000,000 General Aggregate benchmark. The contract requires a Waiver of Subrogation on both Commercial General Liability and Workers' Compensation.

When checking the certificate, inspect three places:

  1. The SUBR WVD Column: Verify that Y (or X) is marked in the SUBR WVD column on both the Commercial General Liability row and the Workers' Compensation row. Often a broker marks Y on General Liability but leaves the Workers' Compensation SUBR WVD cell blank.
  2. The Description of Operations Box: Confirm that the narrative explicitly references the waiver—for example: "Waiver of Subrogation applies in favor of 123 Main Street Holdings LLC and Harborview Property Management Inc. with respect to General Liability (CG 24 04) and Workers' Compensation (WC 00 03 13)."
  3. The Attached Endorsement Pages: Check that the CG 24 04 and WC 00 03 13 pages are included in the PDF packet and that the Schedule box either names 123 Main Street Holdings LLC and Harborview Property Management Inc. or states "Any person or organization for whom the Named Insured has agreed by written contract prior to loss to waive rights of recovery."

Remember the golden timing rule of blanket waivers: the written vendor contract requiring the Waiver of Subrogation must be signed and executed prior to the date of any loss.

Automate Waiver of Subrogation Checks

Whether you oversee subcontractor COI tracking or COI tracking for property management, manually verifying SUBR WVD flags and CG 24 04 / WC 00 03 13 attachments across every vendor takes time. You can check an ACORD 25 certificate for free or send vendors a link to our self-serve vendor COI upload portal so missing waivers are flagged before work begins.

About the author

Paul Allerdyce · Founder, COIScreen

Paul Allerdyce builds COIScreen to help property managers, HOA boards, and general contractors read ACORD 25 certificates of insurance and track vendor policy renewals. Every guide is written from primary ISO endorsement forms and standard commercial contract benchmarks.

General information, not insurance or legal advice. Ask your broker or attorney about your own contracts.

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