Additional Insured & Waiver of Subrogation

Every ACORD 25 form carries a disclaimer at the top: "THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER." ACORD states explicitly that a Certificate of Insurance is not an insurance policy and does not "amend, extend or alter in any way the terms of an insurance policy." The certificate reports what policies existed when the broker printed it. It does not update when a policy lapses, and it does not confer the protections it describes.

The conditional language that appears on most certificates — "additional insured if required by written contract," "waiver of subrogation may apply" — looks like compliance. It isn't. An underwriter must modify the actual policy for any of those protections to exist. When there is a claim, the carrier checks the policy file. If the endorsement was never issued, the coverage doesn't exist regardless of what the certificate says.

An IRMI practitioner audit of contractor certificates found a material-misrepresentation rate above 90 percent — the certificate claims compliance with contract requirements that the underlying policy does not actually meet. The fix is simple: require the endorsement pages, not just the ACORD 25. Four ISO endorsement forms cover the standard protection a GC needs on every subcontract.

GCs that manage subcontractor compliance at scale use dedicated software rather than spreadsheets to track both certificates and endorsement documents — see how YourStanding compares to tools like MyCOI for subcontractor insurance tracking.

ISO form CG 20 10 is the standard endorsement that adds a general contractor to a subcontractor's commercial general liability (CGL) policy as an additional insured — a person or organization not automatically included as an insured under a policy who is added at the request of the named insured. CG 20 10 covers liability arising from the sub's ongoing operations at the designated project. Once the sub finishes and leaves the site, CG 20 10 stops covering claims.

The current edition of the form, CG 20 10 04 13 (April 2013), uses the phrase "caused in whole or in part by" the named insured's acts or omissions. This restriction was introduced in the 2004 edition (CG 20 10 07 04) and carried forward in the current 2013 edition. Earlier editions used "arising out of" — broader language that courts interpreted to include claims where the additional insured's own negligence contributed to the loss. The current language restricts coverage: if the sub's actions were not a contributing cause of the injury, the endorsement doesn't respond.

Red flag: A certificate listing "CG 20 10" with no edition date is ambiguous — you don't know which version the policy carries. Pre-1993 versions used "arising out of your work," which courts found covered completed operations. ISO removed that language in 1993 specifically to strip completed-operations coverage from CG 20 10. If you receive an older form, confirm the edition date matches the sub's active policy.

Action: Require CG 20 10 04 13 (the current edition) and request the actual endorsement page from the sub's broker — not just the certificate. The endorsement page will show the edition date, the named insured, and your organization as the additional insured by name or by blanket reference.

ISO introduced CG 20 37 in 2001 to restore completed-operations coverage for additional insureds — coverage that ISO had deliberately removed from CG 20 10 in 1993. CG 20 37 extends the GC's additional insured status to claims arising after a sub's work is complete. Construction defect claims, structural failures, and bodily injury from completed work can surface long after project close — in one documented case cited by IRMI, damage from a subcontractor's work arose seven years after project completion.

CG 20 10 and CG 20 37 are separate endorsements. A sub that provides only CG 20 10 is giving you ongoing-operations coverage that evaporates the day they finish the job. If there is a construction defect claim filed two years later, CG 20 10 does not respond. The GC is exposed for work a sub completed and left.

Red flag: Any subcontract or certificate that lists CG 20 10 but not CG 20 37 leaves the GC unprotected the moment the sub demobilizes. This is the most common gap in subcontractor insurance compliance — the certificate looks complete because additional insured is checked, but completed operations coverage was never added.

Action: Require both CG 20 10 and CG 20 37 in every subcontract insurance clause, and collect both endorsement pages before the sub starts work. The subcontract language should specify both form numbers by name. Many GC-specific subcontract insurance requirements name both forms explicitly — verify yours names CG 20 37 specifically and does not rely on a generic "completed operations" phrase that could be read to omit it.

ISO form CG 24 04, titled "Waiver of Transfer of Rights of Recovery Against Others to Us," is the standard waiver of subrogation endorsement for CGL policies. When a sub's insurer pays a claim, the insurer normally inherits the right to sue whoever caused that loss — including the GC. CG 24 04 waives that right against the party named in the endorsement schedule. Without it, a sub's carrier that pays a workers' comp or liability claim can turn around and sue the GC to recover those costs.

The waiver must be in place before a loss occurs. A waiver of subrogation requested after an incident is too late — and typically voids the protection. "Waiver may apply" printed on a certificate is not a waiver. The endorsement must be attached to the policy, and the policy must remain active at the time of the loss for the waiver to hold.

Additional insured status and waiver of subrogation are distinct protections that work together. Being named as an additional insured on a CGL policy does not prevent the insurer from subrogating against the GC for losses covered under the same or other policies. A GC that holds CG 20 10 and CG 20 37 but no CG 24 04 can still be sued by the sub's carrier for a covered loss.

Red flag: A sub that says subrogation waivers are not available from their carrier is a negotiating position, not a policy reality. Most commercial CGL policies allow the insured to waive subrogation rights against a third party in writing prior to a loss. If a sub's insurer refuses to issue CG 24 04, escalate to your own risk manager or insurance counsel before signing the subcontract.

Action: Require CG 24 04 in the subcontract and collect the endorsement page confirming your organization is scheduled. Verify the edition date matches the sub's active policy period.

ISO introduced CG 20 01 (04 13) — "Primary And Noncontributory—Other Insurance Condition Endorsement" — in 2012, available in most states from April 1, 2013. Without this endorsement, when a claim triggers both the sub's CGL policy and the GC's own policy, each insurer can argue that the other policy should contribute. CG 20 01 settles the order: the sub's policy pays first, and the sub's insurer does not seek contribution from the GC's insurer.

"Primary" alone means the sub's policy responds first. "Noncontributory" means the sub's insurer waives its right to seek contribution from other insurers covering the same loss. Both matter. A sub that provides primary coverage without noncontributory leaves the GC's insurer exposed to partial cost recovery from the sub's carrier, which in practice means the GC's own premiums absorb losses caused by the sub's work.

CG 20 01 is activated only when the named insured — the sub — has agreed to these terms in a written contract or agreement. The subcontract must require primary and noncontributory language; the endorsement alone is insufficient without the contractual trigger.

Red flag: A certificate that lists "primary and noncontributory" in the description field but has no CG 20 01 endorsement attached is an unsupported claim. Prior to 2013, the standard ISO CGL policy did not include the phrase "primary and noncontributory" — representing that condition on a certificate when no CG 20 01 endorsement is actually attached is a claim the underlying policy does not support.

Action: Include primary and noncontributory language in the subcontract insurance requirements, and require CG 20 01 04 13 specifically. Collect the endorsement page before work begins.

The ACORD 25 is the starting point, not the finish line. Request four documents in addition to the certificate: the CG 20 10 endorsement page, the CG 20 37 endorsement page, the CG 24 04 endorsement page, and the CG 20 01 endorsement page. Each will show the edition date, the named insured, and the parties covered. If a sub's broker sends only the ACORD 25 and says "additional insured is listed," the work is not done.

Check three things on each endorsement page: the named insured matches the legal entity in your subcontract; your organization is listed by name or covered under a blanket additional insured endorsement that meets the contract requirement; and the policy period matches the certificate dates. An endorsement with a different named insured than the sub you contracted with protects nothing.

Verify the policy is active before work starts. Call the carrier directly — not the broker, and not the phone number on the certificate, which can route back to the broker who issued the form. Use the NAIC's consumer information tool (content.naic.org/cis_consumer_information.htm) to confirm the carrier is licensed in your state, then contact the carrier directly to verify the specific policy and endorsements — the NAIC tool confirms carrier licensing status, not individual policy status. Confirm with the carrier that the policy is active, the named insured matches, and your organization is scheduled on each of the four endorsements.

The completed operations window adds a tracking requirement that most COI processes don't handle. CG 20 37 coverage for a sub must remain in force through the completed operations coverage period your contract specifies — damage can surface years after closeout (in one documented case, seven years later). Collect CG 20 37 at the start of the project and again at each policy renewal until that window closes. A sub who lets their policy lapse two years after the project ends takes the GC's completed operations protection with it.

IRMI — Additional Insured definition — authoritative insurance glossary definition, accessed June 23, 2026.

IRMI — Waiver of Subrogation definition — authoritative insurance glossary definition, accessed June 23, 2026.

IRMI — 2013 ISO Additional Insured Endorsements: Putting the Changes into Context — CG 20 10 history, CG 20 37 introduction, 04 13 edition language changes, accessed June 23, 2026.

IRMI — Additional Insured Changes in the CGL — "arising out of" to "caused in whole or in part by" wording shift; 07 04 edition, accessed June 23, 2026.

IRMI — Subrogation and the CGL Policy — CG 24 04 05 09 official title, function, and pre-loss timing requirement, accessed June 23, 2026.

IRMI — Primary and Noncontributory — CG 20 01 04 13 introduction, written-contract trigger, and distinction between primary vs. primary and noncontributory, accessed June 23, 2026.

IRMI — Avoiding Common Insurance Certificate Errors — ACORD certificate "does not amend, extend or alter" disclaimer; 90%+ misrepresentation finding, accessed June 23, 2026.

IRMI — Additional Insureds and Completed Operations — completed operations exposure period; seven-year post-completion claim example, accessed June 23, 2026.

IRMI — Additional Insured Status and Waivers of Subrogation — AI status and waiver of subrogation as distinct, complementary protections, accessed June 23, 2026.

NAIC — Consumer Information Source — confirms whether a carrier is licensed in a given state; use to find the carrier's verified contact number, then contact the carrier directly to verify individual policy and endorsement status.