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Senior Living Liability
IndemnityNegotiable

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.

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