ALL California employers must provide coverage for their California employees
What is a Waiver of Subrogation?
What is a Waiver of Subrogation and how does it affect my insurance policy?
California small business owners have most likely run over the term waiver of subrogation while reviewing insurance requirements from clients. Since it is commonly requested by clients for many jobs and projects, this endorsement is something every California business owner should be aware of and even possibly add to their own commercial insurance quote(s) or policy(s). Let’s discuss what this endorsement means and why you may need it.
What it means to Subrogate
Subrogation, put simply, means an insurance company has the right to pursue coverage from a third party responsible for a loss to their insured. In other words, if a claim is partially your fault and partially another party’s fault, your insurance company has the right to recover losses from the other party or their insurance carrier. For example, when an insurance company pays for a loss on behalf of their client, they have the right to seek reimbursement from the other, at-fault, party. A familiar case of subrogation occurs when an auto insurance company covers the damages of their insured’s car that was hit by another driver and now the insurance company can pursue the at-fault driver’s insurance company for financial repayment. This same action can be applied to California commercial insurance policies such as general liability and workers compensation quotes or policies.
Why Waive the Right to Subrogate?
Many of your clients will request that you waive this right to give them peace of mind that they will not be liable for any losses that might arise from your work or service. They may also be requesting the endorsement to protect them from any loss where they are partially at-fault. By waiving this right, you are essentially taking full responsibility should any claim occur.
How to obtain a Waiver of Subrogation Endorsement
If a waiver of subrogation is something a client is requesting from you or something you would like in the event of a possible request, you can add the endorsement onto your California insurance quote(s) or policy(s) at any time through your broker. An agent will go over the quote options that are available through your California insurance carrier, as you can obtain a blanket waiver of subrogation that will suffice for any and all clients requiring this waiver, or a specific waiver of subrogation which names each client requiring a waiver of subrogation from you. Your needs will be met by an insurance quote or policy to deliver exactly what you need to your clients so you can provide quality and efficient service.
Frequently Asked Questions about Business Insurance
Largely because of claims that occur, experience modifications, fraud and payroll amounts statewide
The Department of Insurance website, The WCIRB, The Insurance Journal and many other trusted sources
It’s a percentage that compares the payroll and loss history of your company to a similar-sized company within the same industry. For example, if a company has a better than average loss record, their experience modification would be less than 100%. If that is the case you would receive a credit on your Workers Comp rates. If that is not the case however it would result in the opposite, an increase in rates. The experience modification can be closely compared to an individual’s credit score.
It is illegal in the state of California to not carry it. There will be penalties, fines and many other consequences if a worker is injured and you do not carry it. Furthermore if there is a claim and you do not have California Workers Compensation Insurance at the time the employer is still liable for all costs relating to the injury which can be devastating to any company.
This is calculated based on your payroll, premium paid and by your reported losses for the last three consecutive years
The Department of Insurance regulates the laws and the State Senate makes them
It’s a component used determine the price an employer pays for their workers’ comp insurance premium. Classifications are established for each industry and typically include all jobs or operations within a particular business.