A waiver of subrogation is a provision that prohibits an insurer from pursuing a third party to recover damages for covered losses. A waiver of subrogation means that an insurance company has a higher chance of paying out losses that it cannot recover itself.The idea of subrogation is that it will offset the cost of insurance and keep costs from going up. A waiver of subrogation is an agreement where you waive the right for your insurance company to seek compensation from a negligent third party for their losses. Subrogation of insurance serves the vital function of helping to keep premiums low for billions of insureds worldwide, and should be protected at all costs. The short answer is that, generally, an insurer can only pursue a subrogated claim in the name of its insured. Fault insurer is entitled to bring a subrogation action against a tortfeasor causing injury to its insured after APIP benefits have been paid out. The risk is not covered in the insurance policy. However, it does not have to be in writing and can be either express or implied. No contract – Insurance companies are sometimes unable to produce a written contract for examination, but they might try to assert a subrogation claim anyway.