What Does Primary Liability Insurance Cover?

Primary liability insurance is the policy that responds first to a claim, up to its limit, before any excess or umbrella coverage is reached. It covers the insured’s legal liability to others — bodily injury and property damage — and it normally carries the duty to defend.

Why it matters to an injured person

The available coverage often decides what a claim can realistically recover. A serious injury against a minimum-limits policy may leave far more damage than money, which is why identifying every applicable policy is a substantial part of the early work.

Layers

• Primary — pays first, defends the claim
• Excess / umbrella — responds only once primary limits are exhausted
• Additional insured — contracts frequently require one company to insure another, which can bring a second primary policy into play
• SUM / UM — your own coverage, where the at-fault driver has none or too little

In construction and commercial cases especially, several primary policies may apply through indemnity and additional-insured provisions. See our construction page.

General information only, not legal advice. Coverage depends on the policy language.