Guide
Waiver of subrogation and primary and non-contributory, explained
A waiver of subrogation stops the sub’s insurer from suing you to recover what it paid. Primary and non-contributory wording makes the sub’s policy pay first, without asking your policy to contribute. Both need endorsements. A certificate box marked yes does not prove either exists.
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Free COI auditWhat does each clause do?
| Clause | Plain-English effect | Where to verify |
|---|---|---|
| Waiver of subrogation | The sub’s insurer gives up the right to recover from you after paying a claim | Endorsement on the sub’s policy |
| Primary and non-contributory | The sub’s policy responds first and yours is not required to share | Policy wording or endorsement |
A simple example
A framing sub damages a customer’s driveway with a truck. The sub’s insurer pays the claim. Without a waiver of subrogation, that insurer can then try to recover the money from you if it says you were partly to blame. With the waiver, it can’t. Primary and noncontributory (also written non-contributory) is about order: the sub’s policy pays first, before yours is touched.
How to check them
- Confirm your contract requires them.
- Look for the marked boxes on the ACORD 25.
- Request the endorsement or policy wording.
- Record that you reviewed it.
Not legal or insurance advice. Confirm anything contract-specific with your broker or attorney.
Frequently asked questions
Do I need both clauses on every sub?
That is a contract and risk decision. Ask your broker which trades warrant them.
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