Insurance · Coverage priority
'Primary and noncontributory' — what it actually means
When a contract says the contractor's insurance is 'primary and noncontributory,' it means two things: their policy pays first when there's a covered loss, and their carrier won't ask your carrier to share the cost. It's standard in commercial construction and worth requesting in any contract where multiple insurance policies might apply.
The short answer
- 'Primary' means the policy is first to pay when multiple policies could apply to the same loss.
- 'Noncontributory' means the carrier won't seek reimbursement from another policy that might also cover the loss.
- Together they ensure the contractor's insurance carries the full burden — your policy isn't drawn into the fight even if it could technically apply.
- Standard pairing: additional insured status + primary and noncontributory + waiver of subrogation. Together they form the maximum-protection package homeowners can request.
Why coverage priority matters
When a worker on your property is injured by a contractor's operations, multiple insurance policies could theoretically cover the loss: the contractor's general liability, your homeowner's liability, the worker's personal coverage, etc. Without contractual priority rules, all of those carriers might try to share the cost — which sounds neutral but in practice means weeks of negotiation, your carrier's premiums going up, and a paper trail that looks like you've had a 'claim' (even if you didn't pay anything).
'Primary' establishes order: the contractor's policy is on the hook first. If their limits cover the loss, none of the other policies are touched.
'Noncontributory' goes further: the contractor's carrier won't try to recover any portion from other carriers (specifically yours). Without 'noncontributory,' the contractor's carrier could pay out and then sue your carrier to share the cost — which would still affect your premium history.
How this fits with additional insured + waiver of subrogation
These three contractual provisions form the standard 'maximum protection' package in commercial construction:
**Additional insured:** names you on the contractor's policy so their insurer defends and pays you when their work causes a loss to you.
**Primary and noncontributory:** says their policy pays first, and their carrier won't seek reimbursement from yours.
**Waiver of subrogation:** prevents your carrier from suing them after a loss they paid you for.
Asking for all three together is industry-standard in commercial construction. In residential roofing it's less common but reasonable — reputable contractors will accommodate.
The contract language to use
Standard contract clause: 'Contractor's commercial general liability insurance shall be primary and non-contributory with respect to any other insurance available to [your name]. Contractor shall name [your name] as additional insured under said policy with primary and non-contributory wording.'
Most insurance brokers can produce an endorsement (typically ACORD form CG 20 01 or similar) that adds the primary and noncontributory wording to the policy. The endorsement should appear on the COI you receive.
If a contractor pushes back, it's usually because their carrier doesn't allow primary and noncontributory by default — which is information about the contractor's underlying coverage quality. Carriers offering 'P&N' wording for free are signaling well-rated contractors; carriers refusing it are signaling the opposite.
When primary and noncontributory matters most
**Multi-day roofing projects** with crew on your property repeatedly. Higher exposure window means higher chance of an incident.
**Projects involving subcontractors.** When a roofing GC subcontracts to a sub-crew, the sub's coverage (if any) and the GC's coverage need clear priority rules.
**Projects on high-value properties** where a single liability claim could exceed individual policy limits. P&N keeps the contractor's policy fully in front before yours is touched.
**Cases where you've already had homeowner's claims** and want to avoid any new entries on your insurance history. P&N keeps a contractor-caused incident off your policy entirely.
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Frequently asked
- Does requesting primary and noncontributory cost the contractor extra?
- Sometimes a token premium adjustment ($25–$100). Reputable contractors absorb it. If a contractor cites a large cost or refuses outright, ask why — it's usually because their underlying carrier has restricted endorsements after past claims.
- Is this only for big commercial jobs?
- It's most common in commercial construction, but reasonable to request on any residential contract over a certain value (e.g., $10,000+). For a small repair job, it's typically overkill.
- What's the difference between 'primary' and 'primary and noncontributory'?
- 'Primary' alone establishes that this policy pays first. 'Noncontributory' adds that the carrier won't seek reimbursement from other applicable policies. The combined phrase gives the strongest protection.
- How do I verify the contractor's policy has the P&N endorsement?
- Ask for a copy of the endorsement document (separate from the COI), and confirm the wording with the contractor's broker by phone. The COI should reference the endorsement in the Description of Operations section.
- Does Surgepoint require this from its network roofers?
- We require active CGL coverage and verify ACORD 25 quarterly. Primary and noncontributory wording is something individual homeowners can request in their own contracts with the matched roofer; we don't pre-negotiate it for the network.