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<br />To reinforce the intent of both parties, a 'statement of intent' in the underlying contract <br />between the named insured and additional insured addressing which policy is primary <br />and which is excess is suggested so there is no question in the event of a claim. <br /> <br />With regards to the waiver of subrogation the standard ISO CGL policy allows waivers of <br />subrogation is initiated prior to a loss. The policy states this is not permitted if done after <br />a loss. It reads as follows: <br /> <br />8 Transfer of Rights of Recovery Against Others To us <br /> <br />If the insured has rights to recover all or part of any payment we have made under this <br />Coverage Part, those rights are transferred to us. The insured must do nothing after loss to <br />impair them. At our request, the insured will bring "suit" or transfer those rights to us and <br />help us enforce them. <br />