Contracts & ExecutionQuestion 547 of 1632

A subcontract requires the sub to name the prime contractor and owner as ADDITIONAL INSUREDS on the sub's commercial general liability policy AND to provide a WAIVER OF SUBROGATION. The PRIMARY purpose of the waiver of subrogation is to:

a.Raise the limits of the sub's policy available to the prime
b.Bar the sub's insurer from suing the prime after it pays
c.Release the sub from its indemnity duty once the carrier pays
d.Make the prime's own carrier the primary payer for that loss

Explanation

A waiver of subrogation stops the sub's carrier, once it has paid a covered loss, from standing in its insured's shoes and suing the prime to recover what it paid. It does not change how much insurance is available — that is what the limits and additional-insured status do. It does not touch the indemnity clause, which is a contractual duty that survives regardless of what the carrier pays. And it says nothing about whose policy responds first; that is the primary and non-contributory wording.

Law Reference: Commercial general liability / subrogation (industry practice); Civil Code §2778 (indemnity)

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