A promise that your insurer will not go after the other party to recover what it paid.
A waiver of subrogation gives up the right an insurer would otherwise have to step into your shoes and pursue whoever caused a loss it covered. It appears throughout leases, construction contracts, and service agreements, and its effect is to leave the loss with the insurer that was paid to carry it rather than passing it along to the other side.
“Landlord and Tenant each waive all rights of recovery against the other for any loss covered by insurance.”
Before you sign, Main AI reads the actual contract and flags where a clause like this shifts risk onto you — in plain language, tied to the exact wording.
Analyze my document free →Subrogation is the insurer’s right, not the policyholder’s, so signing it away without telling them can collide with the policy’s own terms about cooperating and not impairing recovery. Commercial property policies commonly permit a waiver agreed in writing BEFORE a loss, often through a waiver-of-subrogation endorsement; agreeing to one after the loss has happened is the version that puts coverage at risk. Note also how far the waiver reaches: these clauses are usually drafted to apply only to losses insurance actually covers, which leaves the deductible and any uninsured portion exactly where they were.
See this in your own document: run a free analysis — findings quote the exact language.
“Each party waives all rights of recovery against the other, and against the officers, employees, agents, and representatives of the other, for loss of or damage to property to the extent such loss is covered by insurance.”
The phrase doing the real work is “to the extent such loss is covered by insurance” — past that line, ordinary liability rules come straight back. Two things are worth confirming before signing: that your policy allows a pre-loss waiver, or that you hold the endorsement that does, and that the waiver runs both ways. A one-way waiver means only your insurer gives up the right to recover.