Waiver of Transfer of Rights of Recovery Against Others to Us (CG 24 04 12 19)

Adds primary and noncontributory status and a waiver of subrogation for general liability risk transfer, but does not include additional insured coverage.

What Does This Coverage Include?

Modifies the Commercial General Liability (CGL) policy to address common contract risk transfer requirements—such as additional insured status, primary and noncontributory wording, and waiver of subrogation.
Includes **Primary and Noncontributory** wording, intended to make your policy respond first for covered claims and reduce or eliminate contribution from the other party’s insurance.
Primary/noncontributory language is commonly requested when an upstream party wants your policy to handle defense and indemnity before their own CGL policy is involved.
Includes a **Waiver of Subrogation**, meaning the insurer agrees (to the extent permitted by the endorsement) not to pursue recovery against certain parties after paying a covered loss.
Waiver of subrogation is a risk transfer tool that can help prevent post-claim reimbursement actions (subrogation) against owners, clients, or other required parties.
Commonly used in construction, maintenance, and service agreements where the upstream party wants clear allocation of defense and indemnity responsibility tied to your work.

What Is NOT Covered?

The following coverages can be included if endorsed elsewhere
Additional Insured coverage: This endorsement does not add Additional Insured status for upstream parties such as owners, general contractors, or clients.
Ongoing operations Additional Insured coverage: This endorsement does not extend additional insured protection for liability tied to ongoing operations (work in progress).
Completed operations Additional Insured coverage: This endorsement does not extend additional insured protection for liability arising out of completed operations (after work is finished).

Why Is This Endorsement Important?

Helps avoid “whose policy pays first” disputes by aiming to make your policy **primary and noncontributory** for the required parties—often a strict contract requirement.
Reduces friction after a loss by supporting **waiver of subrogation** provisions, which can help prevent the carrier from pursuing recovery against the required parties.
Creates clearer alignment between insurance and contract obligations, which can reduce disputes during certificate review and at claim time.
Helps allocate defense costs to the policy intended to support the contract’s risk transfer structure—subject to policy terms and limits.

How Do You Review This Coverage?

Ensure that policy number - when printed - matches the COI
Ensure that expiration date - when printed - is not yet expired
Ensure that no invalidating watermarks (e.g. Sample) are included
Ensure the boxes contain full blanket language or the additional insured entities and locations that match your contract.
Review any specific limitations or restrictive language.