Primary coverage pays from the first dollar after any deductible or self-insured retention, and it typically carries the duty to defend. Excess and umbrella layers attach only after primary limits are exhausted.
Where multiple policies could be primary, other insurance clauses determine priority.
Alternative Names:
Primary Coverage, Primary Layer
Why it Matters?
Identifying which policy is primary determines who defends, which is frequently contested where several policies cover the same loss through additional insured status or overlapping coverage. Competing other insurance clauses can produce circular results that courts resolve by prorating or by disregarding the clauses entirely. Establishing primacy early avoids a defense funded by no one while carriers litigate priority.
Frequently Confused with
Related terms
Frequently asked questions
What happens when two policies both claim to be excess?
Does the primary carrier always defend?
