Understanding Waiver of Subrogation (WOS) in Insurance Coverage
A Waiver of Subrogation (WOS) is a commonly required endorsement in contracts and insurance compliance programs, including those managed through VIVE. This provision impacts how claims are handled between parties and can significantly reduce the risk of litigation or financial recovery actions.
What Is a Waiver of Subrogation?
A Waiver of Subrogation prevents an insurance carrier from seeking reimbursement from a third party.
Key Concept:
Without a WOS, if an insurer pays out a claim, they may try to recover their costs by suing a third party to recover the loss.
With a WOS, the insurer waives its right to such recovery, protecting business partners (like VIVE clients) from being pursued.
Example: If a vendor’s employee is injured while working at a property, and the vendor’s Workers’ Compensation insurer pays the claim, the insurer could attempt to sue the property manager—unless a Waiver of Subrogation is in place.
Why Clients Require It
Many VIVE clients require vendors to carry a WOS endorsement to:
Protect themselves from liability lawsuits filed by vendors’ insurance carriers
Ensure that vendors’ insurers bear the full cost of claims without transferring blame or cost to the client
Promote a risk-sharing model that aligns with modern contractual and insurance practices
Where Is WOS Applied?
WOS endorsements are typically added to the following types of policies:
Workers’ Compensation
Employers’ Liability
General Liability
Auto Liability
- Professional Liability
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