Endorsements & Contract Clauses

Subrogation

An insurer's right, after paying a claim, to pursue the party that caused the loss to recover its payment.

Subrogation lets an insurer recover what it paid by stepping into the insured's legal rights and pursuing whoever was at fault. On a project, that can mean a sub's insurer paying a loss and then coming after the GC.

Understanding subrogation explains why a waiver of subrogation is such a common contract requirement, it shuts down that recovery action before it can start.

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