Waiver of subrogation in policies for architects/engineers

Waiver of subrogation in policies for architects/engineers-

Your firm may see a clause in your contracts for waiver of subrogation.  It may even be in the insurance requirements section of the contract.  The question to ask is, does your firms insurance policies include this clause?  The answer is, in most cases yes.  Here are the different policies and how the waiver of subrogation is included in each policy.

Professional liability

The Insurer shall be subrogated to all of the Insured’s rights of recovery regarding any payment of Loss by the Insurer under this Policy. The Insured shall execute all papers required and do everything necessary to secure and preserve such rights, including the execution of any documents necessary to enable the Insurer to effectively bring suit in the name of the Insured. The Insured shall do nothing to prejudice the Insurer’s position or any potential or actual rights of recovery. If the Insured has waived its rights to recovery in a written contract or agreement executed prior to a Claim being made, then the Insurer will waive its rights to subrogation to the same extent as the Insured’s waiver.

General liability

If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.

Workers compensation

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

Read your firm’s policies to have a full understanding of waiver of subrogation.  If you have any questions on waiver of subrogation please call, or email, your Professional Underwriter agent for assistance.Indemnity Clause Templates

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