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GLOSSARY TERM

Waiver of subrogation

A policy endorsement or provision limiting an insurer's ability to pursue recovery from a specified third party after paying a covered loss, where permitted.

In workers' compensation contracting, a customer or general contractor may request evidence of a waiver of subrogation. The waiver must be supported by the actual policy or endorsement; wording on a certificate alone does not create the waiver.

Texas insurance guidance states that a certificate cannot say a waiver exists in a particular party's favor when the policy contains only broader or different wording that does not support that statement. Availability, wording, and premium treatment vary by state and carrier filing.

OFFICIAL SOURCE

Where this definition comes from

Glossary entries are anchored to a state agency, statute, board, commission, or recognized workers' compensation authority rather than a generalized summary.

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