Lenders & Contracts · Insurance Term
Waiver of Subrogation (WOS)
Definition
A waiver of subrogation is an agreement that your insurer will not try to recover what it paid on your claim from a specific other party, such as a tenant, landlord or contractor. Leases and construction contracts often require it, and your policy must allow it.
In Plain English
Normally, after paying your loss, your insurer can pursue whoever caused it through subrogation. A waiver gives up that right against named parties, so the parties' insurers absorb their own losses instead of suing each other.
Many property forms let you waive recovery rights in writing before a loss. Liability and workers' comp policies often need an endorsement, sometimes with an added charge.
Waivers are usually requested alongside additional insured status and primary and noncontributory wording in lease insurance requirements.
Not sure how your policy handles this? Have us review it, or get a quote.
Example
Hypothetical: a lease has mutual waivers of subrogation. A tenant's employee accidentally causes a $100,000 kitchen fire. The owner's property insurer pays the owner's building loss but does not sue the tenant, because of the waiver.
What to Watch For
- Read lease and contract waivers before signing.
- Confirm your policies allow or endorse the waiver.
- Ask whether a blanket waiver endorsement is available.
- Never agree to a waiver after a loss without your insurer's consent.
Common Questions
Does a waiver of subrogation raise my premium?
Sometimes. Property forms often allow pre-loss waivers at no charge, while liability or workers' comp waivers may require an endorsement and added premium.
What if I sign a waiver my policy doesn't allow?
You could jeopardize coverage for that loss. Check with your agent before agreeing to any waiver.
Last updated October 14, 2026 · Primesure editorial team · How We Write