This office lease form does not prevent the insurer from asserting any right it might have to recover its losses from a tortfeasor. A better way to approach this can be done by both obtaining an endorsement from the insurance company to waive its recovery rights and by inserting a clause in the lease to this effect.
Washington Waivers of Subrogation
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Multi-State
Control #:
US-OL25052
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Word;
PDF
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How to fill out Waivers Of Subrogation?
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FAQ
Waivers of subrogation are intended to protect each party from claims by the other; additional insured status is protection against third party claims.
The blanket waiver of subrogation gives the insured (you) the right to waive subrogation when required by contract ? avoiding the hassle of asking for it each time you enter into a contract.
You are waiving your insurance company's right to subrogate against another party. Most commonly it's the party you are entering into a contract or agreement with. Transfer of Recovery Against Others to Us is another phrase used in some policies that are similar to Waiver of Subrogation Rights.
A waiver of subrogation is a legal endorsement that prevents an insurer from recovering the money they've paid out on a claim from a negligent third party. This avoids lengthy and costly legal disputes that could arise in the course of contracted activities like letting a property or subcontracting construction work.
There are two basic types of waiver endorsements used on liability policies: scheduled and blanket. A scheduled endorsement states that the insurer will not sue the party listed in the endorsement if you have waived your rights of subrogation against him or her.
A hold harmless agreement differs in that it shifts liability. While a waiver of subrogation is protection from liability, it doesn't shift the liability as a hold harmless agreement does.
