Waiver of Subrogation
What this clause says
Each party waives all rights of recovery against the other for loss or damage covered by insurance, and each party shall cause its insurers to endorse the applicable policies to waive their rights of subrogation.
What this actually means
Subrogation is an insurer right to step into your shoes and recover from whoever caused a loss it paid. A waiver of subrogation gives up that right against a named party, typically the landlord. It has to be endorsed onto the policy, because an insurer is not bound by a contract it did not sign.
What it means for an operator
Signing a lease with a mutual waiver while carrying a policy with no corresponding endorsement creates a specific and avoidable problem: you have contractually promised something your insurer has not agreed to, and if the insurer subrogates against the landlord anyway you are in breach and may have prejudiced your own coverage. Both property and workers compensation policies usually need the endorsement, and the workers compensation one is frequently forgotten because it is placed by a different market on a different renewal date. Check both, and check them when the lease is signed rather than at the next renewal.
How this evaluates
The Policy Checker applies these rules in order; the first match wins.
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