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Primary and non-contributory, explained

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Primary and non-contributory is an endorsement on your liability policy stating that, for an additional insured you were required to add by contract, your policy pays first (primary) and does not ask the additional insured's own insurance to share the loss (non-contributory). Contracts require it so that a claim from your work is paid by your policy before theirs is touched.

Reviewed by Michael LaBarbera, Licensed property & casualty agent, Provident Financial Group · Reviewed Oct 11, 2026 Updated
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The problem it solves

When a landlord is an additional insured on a tenant's policy and the landlord also has its own liability policy, both policies may respond to a claim arising from the tenant's operations. Without clear wording, the two insurers can argue about shares, and the landlord's own policy and its loss history can be touched by a claim that was the tenant's. Primary and non-contributory wording settles the order in advance.

What the words mean

Primary means your policy responds first, up to its limits, before the additional insured's policy is called on. Non-contributory means your insurer will not seek contribution from the additional insured's insurer for the share it would otherwise owe. Together they place the loss, up to your limits, on the policy of the party whose work caused it.

Where it appears

In leases, subcontracts, vendor agreements and franchise schedules, usually in the same sentence that requires additional insured status, and often with a waiver of subrogation. The three travel together because they address the same question from different angles: who is covered, who pays first, and who may recover from whom.

How carriers provide it

Either as a standalone endorsement or as language within a blanket additional insured endorsement. The forms list on your declarations page shows which. If neither is present, a contract requiring it is not satisfied, whatever the certificate says, and the fix is an endorsement request to the carrier.

Umbrella policies

Contracts often require the umbrella to follow the primary policy's additional insured and primary and non-contributory provisions. A follow-form umbrella does this automatically; some umbrellas need their own endorsement. Check the umbrella's forms when a contract names it.

The practical check

Hold the contract's insurance exhibit next to the forms list on your general liability dec page. Additional insured, primary and non-contributory, and waiver of subrogation should each map to a form. Where they do, the certificate can reference the forms and the compliance review passes; where they do not, no wording on the certificate will substitute.

Questions people actually ask

If someone is an additional insured on my policy, isn't my policy already primary?

Not necessarily. Without the endorsement, standard 'other insurance' conditions can make both policies share a claim. The endorsement removes the ambiguity and is why contracts ask for it by name.

Is it a separate endorsement from additional insured?

Sometimes. Many carriers include primary and non-contributory wording inside their blanket additional insured form; others issue it as its own endorsement. Either satisfies the requirement if the certificate references the form.

Does it apply to every claim?

Only to claims for which the other party qualifies as an additional insured under your policy, which is usually limited to claims arising from your work for them. It does not make your policy pay for their unrelated negligence.

Can it be shown on a certificate?

The certificate should reference the form number. Compliance reviewers look for the form, not for the words typed in the description box.

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