An insurance company may not subrogate against its own insured or a co-insured. 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 is a legal term that can arise in a personal injury claim that describes the entity's right to be reimbursed for payments made. An insurer generally may not subrogate against its own insured or any person or entity who has the status of a co-insured under the insurance policy. The requirement for an explicit waiver, rather than standard subrogation language in the insurance contract, was further clarified in Wolfe v. An insurer generally may not subrogate against its own insured or any person or entity who has the status of a co-insured under the insurance policy. Auto subrogation aims to prevent this and return these expenses to those notatfault. Courts may rely on equitable subrogation principles, however, when interpreting the policy terms or to fill in gaps. Washington's made whole doctrine requires that insureds be fully recompensed for their losses before the insurer can pursue any amount in a subrogation action. New Jersey, though not monopolistic, also does not permit waiver of subrogation.
