What it does
CG 24 04 amends the Transfer Of Rights Of Recovery Against Others To Us condition. The insurer waives any right of recovery against the persons or organizations shown in the schedule because of payments it makes under the coverage part, but only to the extent the insured had waived its right of recovery against them before the loss.
Who needs it
Contractors, tenants, vendors and service businesses whose contracts require a waiver of subrogation in favor of an owner, landlord, general contractor or customer. Certificates often state "waiver of subrogation applies".
Key provisions and limits
- Applies only to the scheduled names; for a blanket waiver use CG 24 53.
- The 12 19 edition modifies the CGL, Electronic Data Liability, Liquor Liability, both Pollution Liability Designated Sites parts, Products/Completed Operations, Railroad Protective and Underground Storage Tank coverage parts.
- The insured must have waived its rights in writing before the loss; the endorsement only lets the carrier honor that contract.
Quoting and selling notes
- Waivers are usually requested on CGL, auto, workers compensation and umbrella together; each line needs its own endorsement.
- Some carriers charge a premium or limit availability for waivers on high-hazard work.
- The OCP coverage part uses CG 29 88.
Contract checklist
- Waivers must be granted in writing before the loss; post-loss agreements do not qualify under this endorsement.
- Scheduled waivers require every party's name on the schedule; when contracts change often, CG 24 53 (blanket) is easier to administer.
- Waivers are commonly requested together with AI and primary and noncontributory language; workers compensation, auto and umbrella waivers are separate endorsements on those policies.
- Some carriers price or restrict waivers for high-hazard trades; confirm before promising the client a waiver.