Primary and Non-Contributory Wording
What this clause says
Such insurance shall be primary and non-contributory with respect to any insurance or self-insurance maintained by Landlord, and Landlord's insurance shall be excess of and shall not contribute with Tenant's insurance.
What this actually means
Primary and non-contributory wording settles whose policy pays first when two policies could both respond. Without it, both insurers may treat the other as co-primary and share the loss, which is exactly what the party requiring the wording is trying to avoid.
What it means for an operator
This travels with additional insured status and gets missed in the same way: it appears in the lease, it appears on the certificate, and it is not actually endorsed on the policy. In a claim it decides whether the landlord's insurer participates in defense or stands back entirely and lets yours carry it. The operator obligation is narrow but real. Confirm the endorsement exists, confirm it names the same parties the lease names, and be aware that agreeing to primary and non-contributory means your program absorbs the full defense of claims where the landlord may share fault. That is a negotiable point in the lease, not a fixed requirement, and it is worth raising before signature rather than after.
How this evaluates
The Policy Checker applies these rules in order; the first match wins.
See this in your policy
Check this term against your own program.
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Common questions about this clause
- What insurance does a senior housing REIT lease usually require?
- What does primary and noncontributory mean on our certificate?
- Do defense costs erode my self-insured retention?
- What does a senior living certificate of insurance need to show?
- How do we choose the right retention on a senior care program?