What it does
CA 04 43 is the automatic (blanket) counterpart of CA 04 44. As its title says, the waiver of the insurer's Transfer Of Rights Of Recovery Against Others To Us condition applies automatically "when required by written contract or agreement," so the agent does not have to list each customer or general contractor in a schedule. The form was introduced with the 11 20 multistate revision; ISO's 12 23 edition took effect December 1, 2023 in most states.
Who needs it
Accounts that sign many contracts requiring waivers of subrogation on auto liability: contractors, haulers, staffing and facility service firms, equipment rental and delivery operations.
Key points
- The trigger is a written contract or agreement that requires the waiver. Oral promises and contracts that do not call for a waiver are not covered by the endorsement.
- It does not add additional insured status or primary wording. Use CA 20 48 and CA 04 49 (or carrier blanket equivalents) for those.
Quoting and selling notes
Ask for the insured's standard contract language and how many contracts per year require waivers; above a handful, the blanket form is less work and avoids missed schedules. Check that certificates of insurance reference the blanket endorsement rather than a scheduled one.
