• videocam Live Webinar with Live Q&A
  • calendar_month August 18, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Insurance Consequences of Waiver of Subrogation Clauses: Interplay With Additional Insured Provisions; Pitfalls to Avoid

About the Course

Introduction

This CLE webinar will discuss the insurance ramifications of waivers of subrogation provisions in commercial contracts. The panel will offer practical considerations for making sure that a subrogation waiver is correctly set up and preserves available insurance coverage.

Description

Waivers of subrogation, additional insured requirements, and contractual indemnities in commercial contracts operate together to allocate risk, and if they are uncoordinated, coverage, recovery rights, and financial responsibility for a loss will be affected. To start with, whether a waiver of subrogation is even appropriate will depend on industry and the typical liabilities encountered. Waivers of subrogation are common in, but not limited to, construction, leasing, auto insurance, and supply chains. In general, they are used where quick resolution and prompt payment are more important than maximizing compensation. Having a paragraph labeled "Waiver of Subrogation," however, does not guarantee that it will be enforced.

Waivers of subrogation can be in the contract between the insured and the third party or in the insurance policy. If the waiver is in the contract only, an endorsement from the insurer will usually be required to alter the insurer's rights set out in the policy. Waivers can be "blanket" or only cover scheduled or listed categories of losses. Vague or incomplete endorsements are a common mistake and can give insurers an opening for recovery outside the language of the subrogation waiver. Some states have antisubrogation rules and exceptions to them that must be navigated.

Listen as this esteemed panel discusses the insurance ramifications of waivers of subrogation provisions, how subrogation waivers operate in conjunction with additional insured provisions and indemnity, and practical considerations for an effective waiver and preservation of available coverage. 

Presented By

Jason M. Adams
Partner
Cox Castle & Nicholson LLP

Mr. Adams is a leading litigator whose practice focuses on insurance law and risk management, construction law, and business and civil litigation. He represents policyholders against insurance companies in the pursuit of coverage. Mr. Adams also provides strategic counsel regarding contractual risk transfer and the structuring and implementation of complex insurance programs. He has extensive experience with residential and commercial owner controlled (OCIP) and contractor controlled (CCIP) insurance programs and other nuanced liability and property insurance programs. Mr. Adams is also a licensed property and casualty insurance broker and certified Construction Risk & Insurance Specialist (CRIS). He is a member of the firm’s Wildfire Resources & Response Team and assists in handling coverage disputes for policyholders affected by wildfires and other natural disasters. 

Stuart M. Brody
Principal
Thompson Brody & Kaplan, LLP

Mr. Brody’s practice at Thompson Brody & Kaplan includes the representation of insurance companies, as well as individuals and corporate clients. His insurance practice includes property, general liability defense, commercial liability defense, subrogation and insurance coverage issues as well as the investigation of fires, building collapses and various other property losses. Mr. Brody concentrates in first-party property and auto coverage cases, with an emphasis on fraud investigation. He also represents plaintiffs in personal injury claims, medical malpractice and employment and labor disputes. Mr. Brody has tried more than 40 bench and jury trials to verdict, as well as more than 50 arbitration hearings and numerous appeals. His practice is unique in its ability to be impartial and effective when representing both plaintiffs and defendants.

Marialuisa S. Gallozzi
Partner
Covington & Burling

Ms. Gallozzi has helped for-profit and nonprofit policyholders develop and execute efficient and practical insurance recovery strategies. As lead counsel, she has helped secure over half a billion dollars for high-value first-party losses and third-party liabilities. In addition to representing policyholders in insurance claims, Ms. Gallozzi also advises policyholders in placing and tailoring insurance coverages for unique risks, transferring risk in contracts and transactions, and preparing for and managing crises.

John G. Koch
Shareholder
Flaster/Greenberg, PC

Mr. Koch is the Lead of the firm's Environmental & Energy Practice Group and a member of the Insurance Counseling & Recovery Practice Group. He is also the firm's General Counsel. Mr. Koch most frequently helps business clients recover from their insurance companies or other responsible parties when facing a loss or potential liability. His clients come to him for cost-effective, objective-driven representation in matters ranging from insurance recovery, construction disputes, environmental problems, and commercial disputes. Whether by litigating a case through trial and appeal, using alternative dispute resolution (ADR), or out-of-court negotiations, Mr. Koch has recovered substantial sums for clients under varying types of insurance policies, commercial contracts, and environmental or other laws. His clients hail from many industries, including manufacturing, construction, global food and beverage, big box retail and shopping centers, property management, communications and entertainment, publishing, financial services, and others.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, August 18, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of risk allocation among parties

II. Waivers of subrogation

A. Contractual vs. policy waivers

B. Mutual waivers of subrogation

C. Disclosure of waivers to insurers 

D. Drafting and negotiation 

III. Common waiver of subrogation mistakes to avoid

A. Incomplete endorsement language

B. Missing coverage types

C. State compliance issues

D. Conditional, not active waiver

IV. Interplay between subrogation waivers, additional insured, and indemnity obligations

V. Enforcement of subrogation waivers

A. How the issue comes to the surface

B. Antisubrogation statutes, exceptions

C. Incomplete or defective waivers 

The panel will review these and other important issues:

  • What is the difference between additional insured and waiver of subrogation?
  • Can a party limit liability for its own gross negligence through "waiver of subrogation clauses"?
  • What's the difference between blanket and specific waiver of subrogation?
  • When are waivers of subrogation clauses unenforceable?
  • Are subrogation waivers enforceable even without an endorsement from the insurer?