Pollution Liability for Landscape Contractors

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.

Most landscape contractors believe their exposure to pollution is limited to the herbicides, pesticides, and fertilizers they apply. In order to provide some limited coverage for this it is common to see the Herbicide/Pesticide Endorsement added to the Commercial General Liability Policy. Although the endorsement extends some coverage, Contractor’s Pollution Liability would help fill the gaps created by the General Liability Policy for all of the landscape contractor’s pollution exposures. 

Remember, General Liability Policies do not provide coverage for pollution. Contractors Pollution is protecting your environmental liability, and in today’s world the awareness to preserve the environment has never been stronger. A landscape contractor’s exposure to environmental liability is considered “high” and classed as “high” along with drilling, subsurface, site/dirt work, paving, mechanical and electrical contractors to name a few. 

Landscape contractor operations are almost exclusively performed outdoors in the environment which is the result of the high exposure. Beyond herbicide, pesticide, chemical applications and the property damage or bodily injury that may arise from such operations, other material exposures would include but are not limited to; fuel, oil, fumes, hydraulic fluids, silica, foundry sand, manure, dust, waste, water, natural gas, propane and mold. 

The Herbicide Pesticide Endorsement is an essential piece to any landscape contractor’s insurance program; however, a Contractors Pollution Liability policy is the best way to transfer your environmental exposure. Not all pollution policies are the same: capacity, coverage, exclusions and deductibles need to be examined. Making sure you have a policy that fits your operations and your exposure is critical.

For questions about which policies may match your company’s risk, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

Why Painting Contractors Need Pollution Liability Insurance

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

At first glance, most painting contractors don’t think they need pollution coverage. One might think that if they're not pouring sludge into a lake or toxic gasses into the atmosphere, then it wouldn’t apply to their company. Everyone sees the oil spills and thinks that this is what pollution coverage is for, but how does it apply to your smaller business? How can one event jeopardize your company’s success?

In reality, pollution coverage is a must have policy for all painting contractors. This is how your business could be at risk.

First, let's determine what is a pollutant. A pollutant is defined as “the discharge, dispersal, release or escape of any solid, liquid, gaseous or thermal irritant or contaminant, including, but not limited to, smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste and waste materials into or upon land, or any structure on land, the atmosphere or any watercourse or body of water, including groundwater, provided such conditions are not naturally present in the environment in the amounts or concentrations discovered.” It is shocking how often a painting contractor is exposed to mold, asbestos, bacteria, or paint fumes.

What does Contractors Pollution Liability Insurance (CPL) really cover? CPL is a contractor-based policy, offered on a claims-made or occurrence basis, that provides third-party coverage for bodily injury, property damage, defense, and cleanup as a result of pollution conditions (sudden/accidental and gradual) arising from contracting operations performed by or on behalf of the contractor.

There are countless stories of something unforeseen being the cause of a pollution claim. Here are just a couple examples that could apply to your company.

A contractor had painted a nursing home and was sued by the residents. They alleged that the fumes weren’t ventilated properly. That claim alone was over $200,000.

A painter was removing lead paint from a bridge and some flakes fell into the river below. The damages exceeded $500,000.

A pollution claim could arise from site runoff after it rains, or accidentally drilling into a water pipe in the wall that produces leakage that leads to mold exposure. While transporting paint to a jobsite, the driver could get into an accident and the paint spills out and contaminates a water source adjacent to the road.

Most businesses look at pollution risk as something that doesn’t apply to them. Obviously, they aren’t planning on releasing pollutants like bacteria, mold, or fumes while on a jobsite. But, all it takes is one claim that could cost your company. Investigation costs, medical expenses, lawsuits, cleaning up of the area properly, not to mention how important your reputation is to your success, any one of these factors could be enough to bring your business to an end. 

Some contractors believe all third-party problems are covered by their general liability policy; however, most general liability policies will contain a pollution exclusion which doesn’t cover any property damage or bodily injury that comes from the result of a pollution event. Your general liability policy will not cover the cost of clean-up, either. It is easy to see how this could become a costly event, very quickly.

It is very clear to see the dangers that surround your business. Now that you know what they are, protect your business with CPL insurance. Contact me at (619)438-6900 or email me at ccraig@ranchomesa.com with any further questions. Let’s make sure you are properly prepared to protect your company’s future.
 

Why All Trade Contractors Must Consider Pollution Liability

Authors Sam Clayton, ARM, CRIS, Vice President, Construction Group and Daniel Frazee, ARM, CRIS, Executive Vice President, Rancho Mesa Insurance Services, Inc.

Contractor’s Pollution Liability (CPL), once viewed as expensive and unnecessary, has now become an integral part of every trade and environmental contractor’s insurance program. The industry is seeing requirements for this coverage from a combination of building owners, developers and general contractors for projects of all sizes.

Protecting contractors from pollution exposure by transferring this risk to a CPL policy supports a best practice approach. Contractors' pollution liability insurance provides coverage for third party bodily injury, property damage and pollution clean-up costs as a result of pollution conditions for which the contractor may be responsible. A pollution condition can include the discharge of pollutants brought to the job site, a release of pre-existing pollutants at the site or other pollution conditions due to the performance of the contractor’s or a lower tier subcontractor’s operations. In addition to the potential loss of reputation, often overlooked expenses that can negatively impact a profit & loss statement are the costs incurred to defend a company involved in a pollution claim.

Contractors who choose not to purchase Contractor’s Pollution Liability Insurance generally fall into two categories. Many believe that their operations do not have a pollution exposure. And countless others assume that their Commercial General Liability (CGL) policies offer protection in the event a pollution claim arises. Neither of these assumptions is accurate. Pollution coverage is not commonly found in CGL policies by virtue of the Total Pollution Exclusion. This form excludes pollution coverage for any bodily injury, property damage and/or the clean-up costs. Examples of pollution incidents apply to many different types of trade contractors, in addition to traditional environmental contractors. A handful of those are listed below:

1. An HVAC system is installed improperly which, over time, causes moisture and ultimately mold to spread throughout a residential building, causing bodily injury and property damage
2. A painting contractor accidentally disposes paint thinner through a public drain causing polluted water to a local community
3. Dirt being excavated from one area of a job site to another is contaminated with arsenic and lead. The chemicals are then spread to a larger area which is later found by a soils expert
4. Construction equipment on a project site has hydraulic fuel lines cut by vandals, causing fuel to leak out and contaminate the soil
5. A contractor punctures an underground storage tank during excavation, causing the product to spill into the soil and groundwater.
6. A gas line ruptures during excavation causing a gas leak into a neighboring building that leads to an explosion

The common thread seen above describes how contractors are causing some type of “contamination” on a job site. And, contamination is the operative word in all pollution exclusions. With such a broad definition extending to so many types of construction, beginning your search now for CPL options is just simply good business.

And, with a multitude of insurance companies aggressively pricing CPL policies, securing competitive quotes to compliment your current insurance program can fill significant gaps at more reasonable costs than you think. 

Take time to consult with your broker and learn more about how pollution liability impacts your firm.

For more information, contact Sam Clayton at (619) 937-0167 or Daniel Frazee at (619) 937-0172.