Understanding Waiver of Subrogation in Maryland: A Key Element in Your Insurance Policy

Understanding Waiver of Subrogation in Maryland: A Key Element in Your Insurance Policy

February 13, 2024

Understanding Waiver of Subrogation in Maryland: A Key Element in Your Insurance Policy

When managing risk through insurance in Maryland, a term you may encounter is "waiver of subrogation." This clause, often included in various types of insurance policies, can significantly impact how insurance claims are handled and resolved. Understanding what a waiver of subrogation is, and why you might need it in your Maryland insurance policy, is crucial for both individuals and businesses seeking comprehensive risk management.

What is Subrogation?

To grasp the concept of a waiver of subrogation, one must first understand subrogation. Subrogation is a legal right held by most insurance companies. It allows them to "step into the shoes" of the insured, after a claim has been paid, to recover the amount of the claim from any third party who was responsible for the loss. For example, if you are involved in a car accident where the other driver is at fault, your insurance company might pay for your damages and then pursue reimbursement from the at-fault driver’s insurance company.

What is a Waiver of Subrogation?

A waiver of subrogation is a provision in an insurance policy wherein the insurer waives its right to seek reimbursement from a third party for a loss paid to the insured. In simpler terms, it prevents your insurance company from recovering the claim amount from the party responsible for the loss.

Why is it Relevant in Maryland?

In Maryland, as in other states, the inclusion of a waiver of subrogation can be particularly relevant in certain contexts:

  1. Business Contracts: Many business contracts, especially in construction and leasing, require a waiver of subrogation. This is because these contracts often involve multiple parties and complex liability issues. The waiver helps maintain business relationships by avoiding litigation between contract parties if a loss occurs.

  2. Workers' Compensation: In Maryland, workers' compensation insurance might include a waiver of subrogation. This is important for employers who could otherwise face legal action from their insurer if an employee is injured due to a third party's actions.

  3. Real Estate Leases: Landlords and tenants might require waivers of subrogation to prevent their insurance companies from seeking compensation from the other party in the event of a property loss.

Benefits of Waiver of Subrogation

  1. Reduces Litigation: By eliminating the insurer's ability to pursue a third party, it reduces the potential for costly and time-consuming legal battles.

  2. Simplifies Claims Process: It streamlines the claims process, as the insurer focuses on the claim with the insured, without involving third parties.

  3. Protects Business Relationships: In contractual scenarios, it helps maintain harmonious business relationships by avoiding suing each other for losses.

Potential Downsides

  1. Possible Premium Increases: Insurers might charge more for policies with a waiver of subrogation, as they cannot recoup their losses from a third party.

  2. Limited Recovery Options: The insured cannot benefit from potential recoveries the insurer might have achieved through subrogation.


In Maryland, incorporating a waiver of subrogation in your insurance policy can be a strategic decision, particularly for businesses. It offers a smoother claims process and helps maintain good business relationships, but it may come with higher premiums. Understanding this concept is crucial for informed decision-making regarding insurance purchases and contract negotiations in Maryland. Always consult with an insurance professional or legal advisor to understand how a waiver of subrogation can specifically impact your individual or business situation.