Primary and non-contributory on a COI: what GCs should check
Most GC subcontracts ask for coverage on a “primary and non-contributory basis.” The ACORD 25 has no box for it, so it is easy to miss. This guide explains what it means, where to find it, and the gaps that cost GCs money. It is general information, not insurance or legal advice.
What primary and non-contributory means
Primary
The sub’s policy pays first
If a claim comes from the sub’s work, the sub’s insurer responds before yours does.
Non-contributory
Your policy is not asked to share
The sub’s insurer agrees not to come after your policy to split the loss.
Without it, “other insurance” clauses in both policies can leave two insurers arguing over who pays. Your policy may end up paying part of a claim your sub caused, and that can show up in your loss history and premiums.
Why it matters when you’re additional insured
Additional insured status puts your company on the sub’s general liability policy. Primary and non-contributory decides the order of payment once you are there. One without the other leaves a hole: additional insured with no primary wording can still mean sharing the loss, and primary wording with no additional insured status has nothing to attach to.
Where it shows up: Description of Operations vs endorsements
The ACORD 25 has columns for ADDL INSD and SUBR WVD, but no column for primary and non-contributory. You will usually see it in two places:
- Description of Operations box — wording like “coverage is primary and non-contributory as required by written contract.”
- The policy endorsement — the actual form that grants it. Many carriers build it into a blanket additional insured form; others use a separate primary and non-contributory endorsement (for example ISO CG 20 01).
The certificate says it is “for information only” and does not change the policy. Wording on the COI tells you what the broker says exists. The endorsement is what actually applies.
How it fits with additional insured and waiver of subrogation
Primary & non-contributory
Makes the sub’s policy pay first, alone.
Most GC contracts ask for all three. Sample Description of Operations wording many GCs ask for (match it to your own contract):
Common gaps to chase
- No primary and non-contributory wording anywhere on the COI.
- Wording covers general liability but not the umbrella or excess policy your contract also needs to be primary.
- Wording says “if required by contract,” but you have no signed subcontract on file yet.
- Primary wording is there, but additional insured is missing or only covers ongoing work.
- An old COI from last year reused — the policy renewed and the endorsement may have changed.
- Certificate holder name does not match your legal entity.
How GateCOI checks the wording
Subs email their ACORD 25 to verify@gatecoi.com. GateCOI reads the PDF against your project rules — limits, dates, additional insured, primary and non-contributory, and waiver wording — replies pass/fail to the sub, chases the broker for fixes, and keeps a Cleared for Payment list so your bookkeeper knows who can be paid on Friday. You still review endorsements when your contract needs them. Want to see a check first? Try the COI checker.
Frequently asked questions
What does primary and non-contributory mean on a COI?+
Primary means the sub’s policy pays first for a covered claim. Non-contributory means the sub’s insurer will not ask your own policy to share the cost. Together they keep a loss caused by the sub’s work on the sub’s policy instead of yours.
Is there a box for primary and non-contributory on the ACORD 25?+
No. The ACORD 25 has columns for ADDL INSD and SUBR WVD, but nothing for primary and non-contributory. It usually shows up as wording in the Description of Operations box, and the real promise lives in an endorsement on the policy.
Do I need additional insured status for primary and non-contributory to matter?+
Yes. Primary and non-contributory sets the order of payment for an additional insured. If your company is not an additional insured on the sub’s policy, there is nothing for it to make primary. GCs usually require both together.
Is wording in Description of Operations enough?+
It is a good sign, but the certificate says it does not change the policy. The policy needs an endorsement that grants primary and non-contributory, often only when a written contract requires it. Ask the broker for the form number or a copy if your contract needs proof.
How is it different from waiver of subrogation?+
Primary and non-contributory decides whose policy pays first. Waiver of subrogation stops the sub’s insurer from suing you afterward to get its money back. They solve different problems, so most GC subcontracts ask for both.
Can GateCOI confirm primary and non-contributory coverage?+
No tool can promise coverage. GateCOI reads the ACORD 25 subs email to verify@gatecoi.com, checks it against your project rules, and flags missing primary and non-contributory, additional insured, or waiver wording so you can chase it before you pay. You or your broker still review the endorsements.
Catch missing primary wording before you pay
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