CA 04 44: Waiver of Transfer of Rights of Recovery Against Others to Us
Current Edition: 12 19 · Full ID: CA 04 44 12 19
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What Is CA 04 44?
This endorsement makes the auto insurance company give up its right to seek reimbursement from specific parties listed on the schedule after paying a commercial auto claim. If the insurer pays an auto claim for the insured, it cannot turn around and sue the scheduled party to get that money back.
Technical Summary: CA 04 44 amends the Transfer of Rights of Recovery Against Others condition in the Business Auto Coverage Form. It waives the insurer's subrogation rights against persons or organizations shown in the Schedule, but only when such waiver is required by a written contract or agreement executed prior to loss. This is the auto-line counterpart to CG 24 04 on the CGL policy.
What CA 04 44 Covers
- +Waives insurer's subrogation rights against scheduled parties for commercial auto claims
- +Applies to all coverages under the Business Auto Coverage Form (liability, physical damage, etc.)
- +Protects parties the insured has contractually agreed to hold harmless from auto subrogation
What CA 04 44 Does NOT Cover
- -Does not waive subrogation against parties NOT listed in the schedule
- -Does not apply to CGL or workers compensation claims
- -Does not extend any additional coverage or increase auto policy limits
- -Does not apply if the written contract was executed after the date of loss
Key Provisions
- ●Waiver must be required by a written contract or agreement executed prior to loss
- ●Scheduled parties must be specifically identified in the endorsement
- ●Waiver applies to the Business Auto Coverage Form only, not other lines
- ●The insured's own obligations under the auto policy remain unchanged
Edition History
- • Clarified that waiver applies only when required by written contract executed prior to loss
- • Updated formatting to align with 10 13 Business Auto Coverage Form
- • Language and formatting updates consistent with 12 19 commercial auto program
- • No substantive coverage changes from 10 13 edition
Common Mistakes & E&O Warnings
The most frequent E&O scenario is placing CG 24 04 on the CGL policy but failing to add CA 04 44 on the commercial auto policy when the contract requires waiver of subrogation across all lines. The gap surfaces when an auto claim triggers a subrogation demand against the certificate holder who expected full WOS protection.
- ⚠Believing that CG 24 04 on the CGL automatically waives subrogation for auto claims
- ⚠Assuming the Business Auto Coverage Form's built-in transfer of rights provision is sufficient without this endorsement
- ⚠Thinking the waiver applies even when the contract was signed after the loss occurred
- ⚠Confusing CA 04 44 (Waiver of Subrogation) with CA 20 48 (Designated Insured); they serve different purposes
Related Endorsements
Required Companion Endorsements:
Frequently Asked Questions
What does CA 04 44 do?
CA 04 44 waives the auto insurer's right to recover claim payments from parties listed in the endorsement schedule. It applies only to the commercial auto policy.
How does CA 04 44 relate to CG 24 04?
They are companion endorsements. CG 24 04 waives subrogation on the CGL policy while CA 04 44 waives subrogation on the commercial auto policy. When a contract requires WOS across all lines, both are needed along with WC 00 03 13.
Is CA 04 44 required if I already have CG 24 04?
Yes, if the contract requires waiver of subrogation across all liability lines. CG 24 04 only applies to the CGL policy. CA 04 44 is needed separately for the commercial auto line.
Does CA 04 44 apply to hired and non-owned autos?
It applies to claims arising from covered autos as defined in the Business Auto Coverage Form. Whether hired or non-owned autos are included depends on the covered auto designation symbols selected on the policy.
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