Commercial General LiabilityWaiver of SubrogationE&O Risk: Medium

CG 24 04: Waiver of Transfer of Rights of Recovery Against Others to Us

Current Edition: 12 19 · Full ID: CG 24 04 12 19

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What Is CG 24 04?

This endorsement makes the insurance company give up its right to seek reimbursement from specific parties listed on the schedule if it pays a claim on the insured's behalf. In plain terms, if the insurer pays a CGL claim, it cannot turn around and sue the scheduled party to recover that money.

Technical Summary: CG 24 04 amends the Transfer of Rights of Recovery condition in the CGL policy by waiving the insurer's right of subrogation against persons or organizations shown in the Schedule. The waiver applies only when required by a written contract or agreement executed prior to loss, and only for the CGL coverage part.

What CG 24 04 Covers

  • +Waives insurer's right to recover claim payments from scheduled parties
  • +Applies to all CGL coverage parts (premises/operations, products/completed ops)
  • +Extends protection to parties the insured has contractually agreed to hold harmless from subrogation

What CG 24 04 Does NOT Cover

  • -Does not waive subrogation against parties NOT listed in the schedule
  • -Does not apply to auto liability or workers compensation claims
  • -Does not extend any additional coverage or increase limits
  • -Does not apply if the written contract was executed after the loss

Key Provisions

  • Waiver must be required by a written contract or agreement executed prior to loss
  • Scheduled parties must be specifically identified by name in the endorsement
  • Waiver applies only to the CGL coverage part, not to other lines on the same policy
  • Does not affect the insured's own obligations under the policy

Edition History

10 9305 0912 19 (current)
10 9305 09minor
  • Clarified that waiver applies when required by written contract executed prior to loss
  • Updated schedule format for consistency with other CGL endorsements
05 0912 19clarification
  • Modernized language and formatting to align with 12 19 CGL program revision
  • No substantive coverage changes from 05 09 edition

Common Mistakes & E&O Warnings

The most common E&O exposure is failing to place waiver of subrogation endorsements on ALL required lines of business. A contract may require WOS across CGL, auto, and workers comp, but the agency only endorses the CGL policy. The missing auto or WC waiver creates a gap that is not discovered until a claim triggers a subrogation demand against the certificate holder.

  • Believing the CGL waiver of subrogation automatically applies to auto and WC policies
  • Assuming a blanket waiver is in effect when the endorsement is scheduled to specific parties
  • Confusing waiver of subrogation with additional insured status; they are separate protections
  • Thinking the waiver applies to contracts signed after the loss date

Related Endorsements

Required Companion Endorsements:

Frequently Asked Questions

What does CG 24 04 do?

CG 24 04 waives the insurance company's right to recover claim payments from parties listed in the endorsement schedule. It applies only to the Commercial General Liability policy.

Does CG 24 04 cover auto and workers compensation?

No. CG 24 04 only applies to the CGL policy. You need CA 04 44 for commercial auto and WC 00 03 13 for workers compensation to have waiver of subrogation across all lines.

Is waiver of subrogation the same as additional insured?

No. Additional insured (e.g., CG 20 10) adds a party as an insured under the policy. Waiver of subrogation (CG 24 04) prevents the insurer from suing that party to recover paid claims. Contracts often require both.

When is CG 24 04 required?

It is typically required when a contract or lease includes a waiver of subrogation clause. This is very common in construction, real estate, and service agreements.

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