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.

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.

Incomplete 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. A statement that coverage is primary, on its own, leaves the insurer’s contribution rights intact, and a gap still applies. The wording must confirm both.

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.

Missing Primary and Non-Contributory Endorsement

Some requirements call for more than wording on the certificate — they require the actual Primary and Non-Contributory endorsement issued by the carrier.

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 Primary and Non-contributory endorsement can look many different ways depending on the insurer, but you can see a few common examples below.

Entity Missing from the Endorsement Schedule

The Primary and Non-Contributory endorsement is on file, but it is a scheduled form, and the required entity does not appear in its schedule box.

The endorsement itself is on file — the issue is who it reaches. A scheduled endorsement only extends the provision to the parties named in it, so this needs to be corrected, not re-added from scratch.

Umbrella and Excess Liability

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 Other Insurance condition, which is generally carved out of the follow-form language and states that the policy is excess and will not contribute. On top of that, Primary and Non-Contributory is added to the underlying policy by endorsement — it is not part of the underlying coverage form the Umbrella follows.

The provision has to be added to the Umbrella itself. ISO uses CU 24 78 for umbrella and CX 24 33 for excess, and some carriers build equivalent wording into their own forms. Note that both ISO forms are titled “Noncontributory – Other Insurance Condition” — they address contribution rights only, not order of response. Until the Umbrella evidences the provision separately, the gap stands.

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 provision covers every policy listed in the requirement (General Liability, Automobile Liability and Umbrella, as applicable)
• Umbrella and Excess Liability evidence the provision separately — a follow-form Umbrella does not inherit it
• If an endorsement is specifically required, it is attached — wording on the certificate alone is not sufficient
• On scheduled endorsements, the required entities are listed in the schedule box, spelled exactly as required
• The required entities also hold Additional Insured status, where the endorsement operates in their favor
• The endorsement and certificate both fall within the current policy period