primary and non-contributory

Definition

This is a clause in an insurance policy that requires your insurance company to pay a claim first, before any other insurance policies kick in, and your insurer cannot ask those other policies to chip in and share the cost. It essentially puts your policy at the front of the line and makes it responsible for the full bill without splitting it with anyone else.

Example

A property owner hires your landscaping company and asks you to add them to your liability policy as an additional insured with primary and non-contributory language, so if a client trips over your equipment, your insurance pays the full claim rather than splitting costs with the property owner's own insurance company.

Watch Out

Many clients and general contractors will require this language in your contract before they let you work with them, so check with your insurance agent to confirm your policy actually supports it because not all standard policies do by default.

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This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.