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MONTRIDGE / Contracts

Waivers and Primary Insurance Requirements

Waiver of subrogation and primary and noncontributory requirements address different aspects of an insurance relationship. They should be reviewed separately and supported by the applicable policy language.

Two excavators working along a mineral bench at a mine
Two excavators working along a mineral bench at a mine. Illustrative photography. Photo: Artyom Korshunov / Unsplash.

Understand the requested waiver

Identify the parties, policies and circumstances covered by the requested waiver. Determine whether an endorsement or a qualifying written contract is necessary. Do not assume a waiver on one policy automatically applies to workers compensation, auto or another coverage.

Review priority of insurance

Primary and noncontributory provisions concern how insurance may respond relative to other coverage, subject to their wording. They do not independently create additional insured status or eliminate exclusions. Compare the customer’s requirement with the issued endorsement and relevant other-insurance conditions.

Keep the paperwork aligned

Obtain the signed contract and issued endorsements before representing compliance. Review renewal changes and any limits on blanket provisions. Qualified counsel should address enforceability or unusual contractual wording, while the broker and insurer evaluate what the policy actually provides.

Illustrative review scenario

A contract requests waivers under several policies and primary coverage for the owner, but the contractor has only a general liability waiver. Review each requested policy separately and identify the conditions that trigger the provisions. Additional insured status, priority and waiver language should be reconciled individually rather than bundled into a single statement that the contract is satisfied. Does the requested waiver apply only when required by an executed written contract? Confirm the triggering conditions and the relevant parties before representing that a blanket endorsement satisfies the customer’s request.

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