What is a waiver of subrogation (CG 24 04)?
It is your insurer giving up its right to recover from a named party after paying a claim. Normally an insurer that pays can step into your shoes and sue whoever caused the loss; a waiver stops it doing that to the party you have agreed to protect.
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The detail
ISO form CG 24 04 waives the insurer’s right of recovery against a person or organisation shown in the schedule, where the insured has agreed in writing to waive those rights before a loss.
The waiver must generally be agreed in writing before the loss occurs; a waiver signed afterwards does not bind the insurer.
ISO CGL endorsement CG 24 04
What this means for you
- Sign the contract first and ask for the endorsement afterwards, and you may have promised something your policy has not granted. The written agreement has to pre-date the loss, so the sequence matters.
- It is required on general liability and, separately, on workers compensation — where the form and sometimes the state rules are different. A contract asking for "a waiver of subrogation" usually means on every policy it names.
- Some states restrict or prohibit waivers on workers compensation, and some carriers charge for them. Neither is a reason to skip it if the contract requires it; both are reasons to raise it before signing.
Related questions
- Does a waiver mean I am giving up my own right to sue?
- No. It is your insurer’s recovery right that is being waived, not your ability to bring your own claim. What it does mean is that after your insurer pays, it cannot pursue the party named — so the cost of that loss stays with your policy and, at renewal, with you.
- Is the workers compensation waiver the same endorsement?
- No, it is a different form on a different policy, and the rules vary by state. Contracts commonly require both and certificates commonly show only one. It is worth checking which one you actually have.
Need this handled?
We do the filings, and we place the accounts other brokers decline — lapsed authority, claims history, new ventures. Tell us the situation and a licensed human replies the same business day.