Primary and Non-Contributory Gaps

Primary and Non-Contributory means the vendor’s or tenant’s policy pays first and pays in full, up to its limits, without asking any other applicable insurance to share in the loss.

This gap means the required wording or endorsement is missing, incomplete, or doesn’t extend to every policy the requirement calls for. The sections below explain what’s missing and how to resolve it.

Primary and Non-Contributory Provision Gaps

Understanding the gap:

Missing Primary and Non-Contributory Provision

A “missing” gap is flagged when no Primary and Non-Contributory wording appears on the submitted insurance documents — not in the Description of Operations, not on an Additional Remarks page, and not on an endorsement.

Unlike Additional Insured and Waiver of Subrogation, the ACORD 25 has no dedicated column for Primary and Non-Contributory — the form carries only ADDL INSR and SUBR WVD. There is no box to check, so the provision has to be written out on the certificate or evidenced on an endorsement page.

Primary and Non-Contributory coverage must be evidenced on the same document as the applicable policy. When policies are issued on separate certificates, wording on one certificate does not carry over to another.

Where to Add the Missing Coverage

Primary and Non-Contributory wording is usually included in the Description of Operations box of the COI, as in the example below:

If there is not enough space in the Description of Operations box, the wording can be added to the Additional Remarks page (ACORD 101):

The provision can also be evidenced on a separate endorsement page, corresponding to the applicable policy:

Unacceptable Wording

If the wording on the insurance documents seems to address the requirement but is still being flagged, a specific part of the provision may be missing. Jones uses quotation marks (“”) to highlight the exact problem.

Primary establishes that the policy responds first. Non-contributory establishes that it won’t ask another insurer to share in the loss. They are two separate commitments — and because a General Liability policy is often already primary under its own Other Insurance condition, the non-contributory half is usually the one the endorsement actually adds. For the requirement to be compliant, both halves must be provided.

The example below is not acceptable because the non-contributory half is not met.

• Not acceptable: General Liability is primary and contributory.

 The next example is not acceptable because the primary half is not met. A policy being non-contributory alone is not sufficient and the requirement will be flagged as missing.

• Not acceptable: Policies apply on a non-contributory basis.

Missing Primary and Non-Contributory for Specific Policies

Primary and Non-Contributory is most often associated with General Liability, but requirements frequently extend it to Automobile Liability and Umbrella or Excess Liability.

When the provision is required under multiple policies, each applicable policy must evidence it. As with Additional Insured coverage, when policies are provided on separate documents, the wording must appear on the same document as the applicable policy.

Required Additional Insured Entities Missing the Coverage 

The Primary and Non-Contributory provision must apply to all the required Additional Insured entities. If the COI wording is provided but a gap is flagged referencing the Additional Insured coverage, the coverage may be missing for one or more required Additional Insured entities.

• Primary and Non-Contributory not extended to all required Additional Insured entities

If the Primary and Non-Contributory provision is listed but does not apply to one or more required Additional Insured entities, a gap will be flagged indicating the issue. 

In the example below, the provision is listed in favor of the Certificate Holder; however, not all the required Additional Insured entities are given Certificate Holder status. Entities #2 and #3 are not currently covered by the provision, so the COI must be corrected.

• Primary and Non-Contributory wording restricted to the entities listed as Additional Insureds

Sometimes, the Primary and Non-Contributory Provision is restricted to specific entities listed as Additional Insureds in a Certificate of Insurance, but one or more of the required entities are missing from the document.

In the case below, only two of the required Additional Insured entities are listed as additional insureds and the Primary provision applies to them per written-contract. The issue is that entity #2 is missing from the COI; the gap specifies that the entity must be added as an Additional Insured with explicit Primary coverage.

Unacceptable Restriction on the Coverage 

A “statement must be removed” gap is flagged when wording provided for the Primary and Non-Contributory coverage includes a specific limitation that is not acceptable and must be removed from the Certificate of Insurance.

Usually, the restrictions are related to an endorsement attached or an endorsement code. These restrictions are not acceptable if:

• The endorsement code references the wrong policy
• The endorsement code does not cover the applicable provision
• The endorsement is attached but is not compliant
  • When the provision is restricted by an attached endorsement, the form must be valid, list the correct policy number and policy date, have no unacceptable watermarks (such as quote or sample), and have the applicable boxes filled in correctly (including the required Additional Insured entities and the correct project/property location)

In the next example, the Primary and Non-Contributory wording is limited by an endorsement code. However, the endorsement mentioned has no relation to Primary and Non-Contributory provision and only provides Waiver of Subrogation coverage. Therefore, a gap will be flagged asking for this part of the verbiage to be removed from the COI.

Coverage Only Mentioned by an Unacceptable Endorsement

When a separate endorsement is provided for Primary and Non-Contributory, but the form contains an issue, the coverage isn’t acceptable, and a “missing” gap is flagged for the required provision. The gap indicates that the required provision is evidenced solely by an endorsement that has issues and therefore can’t be accepted.

The endorsement is not acceptable if:

• A wrong policy number is listed on the form, which doesn’t match the COI
• It contains an invalidating watermark, such as “quote” or “sample”
• An expired policy period is listed on the form, while valid coverage exists
• It contains a schedule box, which is empty or filled with wrong information

In the example below, Primary and Non-Contributory is not included in the Certificate of Insurance. The only document provided that references this provision is the endorsement U-GL-1345-B CW (04/13) attached, but the expiry date listed on the endorsement is not valid for the current policy period; while the current policy is effective from 9/15/2026 until 9/15/2027, the endorsement has expired on 9/15/2026. 

The broker must provide valid evidence of the required coverage for the applicable policy and policy period and reissue the document. One alternative is to have the carrier reissue the endorsement correcting the issue identified.

Umbrella/Excess Liability & Primary and Non-Contributory Coverage

Follow-form language lets an Umbrella mirror the underlying policies. Additional Insured and Waiver of Subrogation status generally carry up without separate Umbrella endorsements, provided the Umbrella contains no wording that contradicts them.

Primary and Non-Contributory is the exception. A follow-form Umbrella does not automatically pick up the Primary and Non-Contributory provision from the policy it follows.

Umbrella and excess forms carry their own condition, which is generally carved out of the follow-form language and states that the policy is excess and will not contribute.

Before Resubmitting

Small details are a common cause of repeat gaps — a provision written for only one policy, or an endorsement that names the wrong party. The list below summarizes what should be confirmed before the corrected documents are submitted.

• The wording states the coverage is both primary and non-contributory — one term alone is not enough

• The wording appears on the same document as the applicable policy

• The wording does not include unacceptable limitations  — if an endorsement is mentioned, it must cover the applicable provision and, if attached, must be compliant

• The provision covers every policy listed in the requirement (General Liability, Automobile Liability and Umbrella, as applicable)

• The wording applies to all the required Additional Insured entities

• When the provision is evidenced through an attached endorsement, the endorsement must reference the applicable policy number, match the applicable policy period, not contain an invalidating watermark and where the endorsement includes a Schedule, all the required fields are completed correctly

Primary and Non-Contributory Endorsement Gaps

Understanding the gap:

Missing Primary and Non-Contributory Endorsement

Some requirements call for more than wording on the certificate. Wording confirming the provision on the certificate isn’t enough here — the carrier-issued endorsement itself must be submitted. A COI only summarizes the policy; the endorsement is the page that amends it in a legally binding way.

A “missing endorsement” gap is flagged when the requirement calls for the endorsement and the coverage is either missing or only added to the certificate. For this requirement, the endorsement form must be provided, even if the COI includes Primary and Non-Contributory wording.

A Primary and Non-Contributory endorsement can look many different ways depending on the insurer. 

Here’s an example of a Primary and Non-Contributory endorsement for the General Liability policy:

Here’s an example of a Primary and Non-Contributory endorsement for the Automobile Liability policy:

Primary and Non-Contributory language can also be part of an endorsement that lists other coverages:

Entity Missing from the Endorsement Schedule

Endorsements that include Schedule boxes must be filled in correctly with the applicable information to be acceptable. If the Primary and Non-Contributory endorsement is attached but a gap for the Name of Persons or Organizations box is flagged, the required Additional Insured entity is either missing or listed incorrectly in the Schedule.

A scheduled endorsement only extends the provision to the parties named in it, so this needs to be corrected, as the Primary and Non-Contributory coverage must apply to all the required Additional Insured entities.

Wrong Policy Number on the Endorsement 

An endorsement only amends the policy it is attached to. When the policy number on the endorsement does not match the policy number shown on the Certificate of Insurance, there is no evidence that the coverage applies to the policy in place for the contract term and the endorsement may belong to a prior term or to an entirely different policy.

Invalid Policy Period on the Endorsement

An endorsement grants coverage only for the period it is in force. When the endorsement’s effective date falls after the policy inception, or its expiration date falls before the policy expiration, the Primary and Non-Contributory coverage does not span the full policy term shown on the Certificate of Insurance, leaving the required entities uncovered for part of the contract period.

This gap is most often seen when an endorsement was issued mid-term for a prior contract and then resubmitted, or when a renewal policy is evidenced with the expiring term’s endorsement. 

Invalidating Watermark on the Endorsement

Endorsements are sometimes submitted as blank forms or unissued copies, marked with wording such as Specimen, Sample, Draft, For Illustration Only, or Void. These markings indicate that the document has not been issued against the policy, so it cannot be relied on as proof of coverage no matter how complete the rest of the form appears.

Before Resubmitting

Small details are a common cause of repeat gaps — a provision written for only one policy, or an endorsement that names the wrong party. The list below summarizes what should be confirmed before the corrected documents are submitted.

• If an endorsement is specifically required, it is attached — wording on the certificate alone is not sufficient
• The endorsement references the applicable policy and states the coverage is both primary and non-contributory — one term alone is not enough 
• The endorsement carries no SAMPLE, SPECIMEN, DRAFT, or VOID watermark
• Any policy number, effective date, and expiration date printed on the endorsement match the information shown for the applicable policy on the certificate
• Where the endorsement includes a Schedule, all the applicable information is listed and spelled exactly as required. When applicable, the Schedule extends coverage to the required Additional Insured entities and locations
• The endorsement and certificate both fall within the current policy period