Primary and noncontributory commercial auto
A business whose contract demands primary and noncontributory auto coverage needs an endorsement, such as ISO's CA 04 49, that gives up contribution from the other party's insurer. ISO's CA 04 49 11 16 applies only where that party is an "insured" under your policy and a Named Insured on its own insurance, and only where you agreed in writing. ISO's CA 00 01 11 20 business auto form, which a carrier's policy may change, covers liability you assume in an "insured contract" and pays it first, but excludes property you transport and reduces physical damage payments by your deductible. Under Utah Code 31A-22-1704(3)(b), a policy a certificate refers to follows its own terms.
What does primary and noncontributory mean on a commercial auto policy?
Primary and noncontributory is a contract demand that your auto liability policy pay a covered claim first and not ask the other party's insurer to share it. ISO's CA 00 01 11 20 business auto form, the standard text a carrier's own policy may change, already says "For any covered "auto" you own, this Coverage Form provides primary insurance," and makes itself excess over other collectible insurance for vehicles you do not own.
ISO's CA 04 49 11 16 endorsement adds the noncontributory promise under two conditions. It makes the Covered Autos Liability Coverage "primary to and will not seek contribution from any other insurance available to an "insured" under your policy" provided the other party "is a Named Insured under such other insurance" and "You have agreed in writing in a contract or agreement" to it. The promise runs to an "insured" on your policy, so a contract party that is not an insured on the policy gets nothing from CA 04 49, and physical damage on your own vehicles is outside the endorsement.
UDOT's consultant services insurance requirements, last modified June 11, 2025, ask for primary and noncontributory wording by name: the auto policy's additional insured endorsement "must state that coverage is afforded on a primary and non-contributory basis."
Does commercial auto insurance cover a hold harmless or indemnity agreement?
Under ISO's CA 00 01 11 20, a hold harmless or indemnity clause is covered only when it is an "insured contract" signed before the injury or damage. The form excludes "Liability assumed under any contract or agreement," except liability "Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement." A carrier's policy may print a later edition or its own wording, so the contractual exclusion on the policy itself is the one that decides.
An insured contract is one of six agreements listed in CA 00 01 11 20 Section V.H, from a lease of premises to the part of a business contract in which you take on another party's tort liability. Item 5 reaches the part of a contract "under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization," and says tort liability is "a liability that would be imposed by law in the absence of any contract or agreement." Item 6 adds a business's rental or lease of any auto, except to the extent the agreement makes you pay for damage to the rented or leased auto itself.
When the clause qualifies, CA 00 01 11 20 puts the auto policy first: paragraph IV.B.5.c says its Covered Autos Liability Coverage "is primary for any liability assumed under an "insured contract"."
Three kinds of agreement are not insured contracts under CA 00 01 11 20 Section V.H, even when they say hold harmless:
- A lease or rental of an auto to you "if the "auto" is loaned, leased or rented with a driver"
- A promise holding a for-hire carrier "harmless for your use of a covered "auto" over a route or territory" it is authorized to serve
- An indemnity of a railroad for construction or demolition within 50 feet of railroad property
Which contract promises does a commercial auto policy not cover?
ISO's CA 00 01 11 20 liability coverage does not pay for a leased vehicle's damage, the cargo or your deductible, even when a contract makes them yours. The form excludes property damage involving "property owned or transported by the "insured" or in the "insured's" care, custody or control," and its Deductible condition says that for each covered auto the insurer's obligation to pay for damaged or stolen property "will be reduced by the applicable deductible shown in the Declarations." Utah Code 31A-22-1704(3)(b) adds that, notwithstanding any requirement of a contract a certificate pertains to, coverage under the referenced policy "is subject to the terms, exclusions, and conditions of the insurance policy itself."
Two Utah statutes limit what a contract can assign. Utah Code 13-8-1(2) makes an indemnification provision in a construction contract "against public policy and is void and unenforceable," and 13-8-1(1)(b) defines that provision as a promise to "insure, hold harmless, indemnify, or defend" against bodily injury, property damage or economic loss "caused by or resulting from the fault of the promisee, indemnitee, others, or their agents or employees"; subsection (3) apportions an owner's fault pro rata in an owner's contract. Utah Code 72-9-401(1)(b) says "A contract, receipt, rule, regulation, or other limitation of any character whatsoever may not exempt the motor carrier from this liability" for goods carried between two Utah points; subsection (3)(b) leaves released-value rates to an order of "the commission," and as of October 12, 2026 how that works today is an open question.
| Contract clause | What CA 00 01 11 20 says |
|---|---|
| You indemnify the other side for injury or damage to third parties | Covered when the clause is an insured contract signed before the injury or damage (II.B.2, V.H.5), and primary (IV.B.5.c) |
| You pay for damage to a leased or rented vehicle | Not an insured contract to that extent (V.H.6) |
| You answer for the cargo or the customer's goods | Property transported or in your care, custody or control is excluded from liability coverage (II.B.6) |
| You carry the deductible, or keep it at or under a set figure | Physical damage payments for each covered auto are reduced by the deductible on the declarations (III.D) |
| You cover the other side's own losses or economic loss | Item 5 reaches assumed tort liability for "bodily injury" or "property damage" to a third party (V.H.5); property damage includes loss of use of tangible property (V.M) |
Can you add an additional insured and a waiver of subrogation to a commercial auto policy?
ISO's auto forms handle designated insureds, waivers of subrogation and primary and noncontributory wording in three separate endorsements, CA 20 48, CA 04 44 and CA 04 49. ISO titles CA 20 48 10 13 "Designated Insured For Covered Autos Liability Coverage"; a contract that says "additional insured" is met by whichever form the policy actually lists. A waiver of subrogation is the insurer giving up its right to recover what it paid from the party the contract protects; ISO's CA 00 01 11 20 otherwise transfers to the insurer the rights of anyone it pays "to recover damages from another."
UDOT's consultant services requirements, last modified June 11, 2025, say its auto limits "can be covered either with a commercial automobile liability insurance policy alone, or with a combination" of an auto policy and an umbrella or excess policy. That is UDOT's rule for its consultants; a contract silent on the point leaves the question to settle before signing.
| Endorsement | What it does | Condition in the form |
|---|---|---|
| CA 20 48 10 13, designated insured | Makes a scheduled person or organization an insured for Covered Autos Liability Coverage | Only to the extent it qualifies under Who Is An Insured, which reaches anyone liable for an insured's conduct, to that extent |
| CA 04 44 10 13, waiver of subrogation | Lifts the transfer of recovery rights for scheduled organizations | Only where a contract waived subrogation before the accident or loss |
| CA 04 49 11 16, primary and noncontributory | Makes Covered Autos Liability Coverage primary and not seeking contribution | Only for an insured that is a Named Insured on its own insurance, under your written agreement |
What do you send before signing a contract with insurance requirements?
Redoubt checks a contract's insurance requirements against the auto policy from the six items below, sent by text or email. The first reply says what can be bound now, what needs the carrier, and what to send back.
- The contract's insurance and indemnity sections, or the whole contract if they are spread through it
- The limits it requires, and its additional insured, waiver of subrogation and primary and noncontributory wording, word for word
- The deductible the contract allows
- Each vehicle and trailer: year, make, model, body type and value
- A plain description of what the business does and what the vehicles carry, so the class is right first time
- Every driver, the USDOT or MC number if the business has one, and the date cover has to start
Sources: 22
Does primary and noncontributory apply to physical damage?
No. ISO's CA 04 49 11 16 changes only the Covered Autos Liability Coverage; damage to your own vehicles is paid under the CA 00 01 11 20 physical damage coverages, less the deductible on the declarations.
Is a certificate of insurance legally binding?
Not as coverage. Utah Code 31A-22-1704(1) says a certificate "is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage" of the policy it refers to; the endorsements on the policy decide what the contract party gets.
Where these answers come from
Each entry carries the exact words of the source so you can check it yourself. Forms, rules and carrier pages change; read the current version before acting.
- 1. ISO CA 04 49 11 16, Primary And Noncontributory – Other Insurance Condition, paragraph A
“This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".”
assets.touchpointmarkets.com, accessed October 12, 2026. Paragraph B repeats the wording for the Auto Dealers Coverage Form. A carrier may use its own form for the same promise. - 2. ISO CA 00 01 11 20, Business Auto Coverage Form, Section IV.B.5.a, Other Insurance
“For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance.”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 3. ISO CA 00 01 11 20, Business Auto Coverage Form, Section IV.B.5.c, primary for an insured contract
“Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract".”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 4. ISO CA 00 01 11 20, Business Auto Coverage Form, Section II.B.2, Contractual exclusion
“Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or”
assets.touchpointmarkets.com, accessed October 12, 2026. Item b. follows: liability "That the "insured" would have in the absence of the contract or agreement." 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 5. ISO CA 00 01 11 20, Business Auto Coverage Form, Section V.H.5, insured contract
“under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or”
assets.touchpointmarkets.com, accessed October 12, 2026. Item 5 opens "That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)". Items 1 to 4 are a lease of premises, a sidetrack agreement, an easement or license agreement, and an obligation to indemnify a municipality required by ordinance. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 6. ISO CA 00 01 11 20, Business Auto Coverage Form, Section V.H.6, rental or lease of an auto
“That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees".”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 7. ISO CA 00 01 11 20, Business Auto Coverage Form, Section V.H, not an insured contract: autos rented with a driver
“That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or”
assets.touchpointmarkets.com, accessed October 12, 2026. Item b. of the list that opens "An "insured contract" does not include that part of any contract or agreement:". Item a. is the railroad indemnity for construction or demolition within 50 feet of railroad property. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 8. ISO CA 00 01 11 20, Business Auto Coverage Form, Section V.H, not an insured contract: for-hire carrier hold harmless
“That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority.”
assets.touchpointmarkets.com, accessed October 12, 2026. Item c. of the same list. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 9. ISO CA 00 01 11 20, Business Auto Coverage Form, Section II.B.6, Care, Custody Or Control exclusion
“"Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement.”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 10. ISO CA 00 01 11 20, Business Auto Coverage Form, Section V.M, definition of property damage
“"Property damage" means damage to or loss of use of tangible property.”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 11. ISO CA 00 01 11 20, Business Auto Coverage Form, Section III.D, Deductible
“For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit Of Insurance”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 12. ISO CA 00 01 11 20, Business Auto Coverage Form, Section IV.A.5, Transfer Of Rights Of Recovery Against Others To Us
“If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them.”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 13. ISO CA 00 01 11 20, Business Auto Coverage Form, Section II.A.1.c, Who Is An Insured
“Anyone liable for the conduct of an "insured" described above but only to the extent of that liability.”
assets.touchpointmarkets.com, accessed October 12, 2026. 11 20 is the newest edition found on the open web; the edition and any state endorsement on the customer's policy control. - 14. ISO CA 20 48 10 13, Designated Insured For Covered Autos Liability Coverage
“Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision”
iiat.org, accessed October 12, 2026. The form also says it "does not alter coverage provided in the Coverage Form." - 15. ISO CA 04 44 10 13, Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation)
“The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.”
iiat.org, accessed October 12, 2026 - 16. Utah Code 31A-22-1704(3)(b), coverage follows the policy
“Notwithstanding any requirement, term, or condition of a document with respect to which a certificate of insurance may be issued or may pertain, the insurance coverage afforded by a referenced insurance policy is subject to the terms, exclusions, and conditions of the insurance policy itself.”
le.utah.gov, accessed October 12, 2026. Enacted by Chapter 253, 2011 General Session. - 17. Utah Code 31A-22-1704(1), a certificate is not a policy
“A certificate of insurance is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage afforded by an insurance policy to which a certificate of insurance refers.”
le.utah.gov, accessed October 12, 2026 - 18. Utah Code 13-8-1(1)(b) and (2), construction indemnity agreements
“requiring the promisor to insure, hold harmless, indemnify, or defend the promisee or others against liability if: (i) the damages arise out of: (A) bodily injury to a person; (B) damage to property; or (C) economic loss; and (ii) the damages are caused by or resulting from the fault of the promisee, indemnitee, others, or their agents or employees.”
le.utah.gov, accessed October 12, 2026. From the definition of "Indemnification provision" in (1)(b). Subsection (2): "Except as provided in Subsection (3), an indemnification provision in a construction contract is against public policy and is void and unenforceable." Subsection (3) apportions an owner's fault in an owner's contract. Amended by Chapter 113, 1997 General Session. - 19. Utah Code 72-9-401(1)(b), carrier liability for goods within Utah
“A contract, receipt, rule, regulation, or other limitation of any character whatsoever may not exempt the motor carrier from this liability.”
le.utah.gov, accessed October 12, 2026. Subsection (1)(a) makes a motor carrier moving property from one Utah point to another liable for loss, damage or injury to it. Subsection (3)(b) refers released-value rates to "the commission"; how released rates work in Utah today is not stated here. - 20. UDOT, Consultant Services Insurance Requirements, auto additional insured endorsement
“stating that the policy is amended to include an organization whom you have agreed to add as an additional insured by contract, and must state that coverage is afforded on a primary and non-contributory basis.”
drive.google.com, accessed October 12, 2026. From the commercial auto liability paragraph, which first says the auto policy "must be identified as including an Additional Insured endorsement" on the ACORD certificate. Word document linked as "Insurance Requirements" from UDOT's Consultant Insurance page; Document properties show it last modified June 11, 2025. - 21. UDOT, Consultant Services Insurance Requirements, how the auto limits may be met
“These limits can be covered either with a commercial automobile liability insurance policy alone, or with a combination of a commercial automobile liability insurance policy and an umbrella insurance policy and/or a commercial automobile liability insurance policy and an excess insurance policy.”
drive.google.com, accessed October 12, 2026. UDOT's own rule for its consultants, not a rule for other contracts. Word document linked as "Insurance Requirements" from UDOT's Consultant Insurance page; Document properties show it last modified June 11, 2025. - 22. Redoubt, commercial auto insurance guide, what to send
“Text Redoubt the broker packet, the lender's insurance letter, the platform's upload screen or the renewal itself, with the vehicles and the date you need it by. We will say what can be bound now, what needs the carrier, and what to send back.”
www.redoubt.insure, accessed October 12, 2026
A public agency, customer or GC awarded the contract and wants the auto limits before signing
UDOT, UTA, universities and government contracts: the limits, hired and non-owned auto, and NEMT contract requirements.
Elsewhere on the site
A contract with insurance requirements waiting on your auto policy
Text Redoubt the contract's insurance and indemnity sections, the year, make, model, body type and value of each vehicle and trailer, every driver, your USDOT or MC number if you have one, what the business does and what the vehicles carry, and the date cover has to start, and we will talk through what the contract asks of the policy.
This is general insurance information, not legal advice or a coverage determination. The policy forms, the endorsements the carrier issues, and the requirement in writing from whoever is asking control.