Pollution exclusion clause

Matt Wood

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FUNGI OR BACTERIA EXCLUSION (LIABILITY)

EXCLUSION - SILICA OR SILICA-RELATED DUST

Those are the 2 things I have on my policy that might be relative to your question. But there's no price next to it online.
I looked up pollution exclusion clause and I couldn't' understand it. What is it?
 

Dolly Llama

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dumm question to help with my ig'nernce..

what's it cover ?
and specific to our application, what would be possible scenarios?

would it cover a fine for dumping in storm sewer?
or poisoning occupants (or tech) with carbon monoxide blowing into the place?

..L.T.A.
 

darcie smith

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dumm question to help with my ig'nernce..

what's it cover ?
and specific to our application, what would be possible scenarios?

would it cover a fine for dumping in storm sewer?
or poisoning occupants (or tech) with carbon monoxide blowing into the place?

..L.T.A.
I’m not in charge, I’m just the asker of the questions. All I know is it has something to do with water damage restoration, my husband thinks we need it, I got a quote, and now he wants to know if the quote is comparable to what you guys pay. Since he’s too busy to ask you, I get to. And most of you like me better I guess.
 
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Desk Jockey

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If you're doing water damage restoration or mold remediation its needed.

These are services you currently have no coverage for should something put your business in jeopardy.

The premium is based off the volume of sales done in that service.

Most insurance companies don't handle coverage for pollution. You'll want a broker to find you the best rate for that.

Deductibles are generally higher, making you self insure for the first 10 or 20. It's really for big liability claims, something you hope would never happen.
 

darcie smith

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If you're doing water damage restoration or mold remediation its needed.

These are services you currently have no coverage for should something put your business in jeopardy.

The premium is based off the volume of sales done in that service.

Most insurance companies don't handle coverage for pollution. You'll want a broker to find you the best rate for that.

Deductibles are generally higher, making you self insure for the first 10 or 20. It's really for big liability claims, something you hope would never happen.
Thank you for clarifying, buddy.
 
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Matt Wood

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If you're doing water damage restoration or mold remediation its needed.

These are services you currently have no coverage for should something put your business in jeopardy.

The premium is based off the volume of sales done in that service.

Most insurance companies don't handle coverage for pollution. You'll want a broker to find you the best rate for that.

Deductibles are generally higher, making you self insure for the first 10 or 20. It's really for big liability claims, something you hope would never happen.
Are you referring to CAT3 water disposal?
 

FredC

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a pollution exclusion clause means you would potentially not be covered in case like mold.

is that what you're actually looking for are or are you looking for pollution insurance/CPL.
 

Desk Jockey

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Are you referring to CAT3 water disposal?
Yes and no.

Anything related to liability from water damage or mold, you can be sure your policy will not pay a claim on unless you have pollution insurance.

So let's say you are drying a home, on the second day of equipment running the elderly homeowner feels ill, is put in the hospital with respiratory issues.

The daughter hears about her mom, Googles water damage and reads how mold can be an issue if not handled correctly.

You have no air scrubbers running because insurance companies balk at paying for them, and you're left as an easy target.

They hire a Certified Indoor Environmental specialist and mold is found spread throughout the home.

The protocol specifies the whole house needs HEPA vacuumed, air ducts cleaned and removal of the water damaged carpet & drywall under containment by a mold remediation expert.

Guess who is paying for grandma's stay, her new carpet, remediation, cleaning of the air ducts & entire home? Not your insurance, you don't have pollution insurance.

I greatly exaggerated the scenario but it COULD happen. Pollution insurance will save you should you ever get in deep, but don't be fooled into thinking they are on your side. They are only worried about fulfilling their obligations of the policy.

The only one looking out for you, is you. Do good work, document everything you "as if" you're going to defend yourself in court. You never know when someone will claim something.

You don't have to actually do something wrong to be sued. The other party only has to think you did, or think they can get money from you.

It's all fun and games, until somebody gets hurt! Don't let it be you!
 
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FredC

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We don’t do any cat 3 or mold jobs


Do you do water jobs at all? You might "cause" mold or other issues.*


I'm not sure what you are trying to achieve. Is it lowering premiums by reducing coverage or is it to add additional coverage so that you are covered on "pollution" issues. The latter would be CPL






*you could also do this as a regular old cleaner but the odds are much lower
 
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darcie smith

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Do you do water jobs at all? You might "cause" mold or other issues.*


I'm not sure what you are trying to achieve. Is it lowering premiums by reducing coverage or is it to add additional coverage so that you are covered on "pollution" issues. The latter would be CPL






*you could also do this as a regular old cleaner but the odds are much lower
We do cat 1 and 2 water jobs. He wants additional coverage because what we have for the business doesn’t cover anything like what the pollution insurance would cover.
 

Matt Wood

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Another good topic to discuss:

Isn't this a good reason to label the job discription "Water mitigation" instead of "Water Damage Restoration"?

For the sole purpose of the customer being aware that you're only there to dry out the building, not restore it back to new.???

would that help if it was brought to court?
 

Desk Jockey

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Semantics, you contaminate a home or make someone sick, your fault, my fault someone is going to pound me in the ass prison. 😉

I believe any attorney would barbecue you. I'd think it would be a difficult if not impossible defense strategy.

Here is the other pleasant thought, you know who really loves the IICRC Standards? Attorneys do. They are going to dig through it and pin you on it unless you can prove you did everything per the standard and can validate why.
 

Matt Wood

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Semantics, you contaminate a home or make someone sick, your fault, my fault someone is going to pound me in the ass prison. 😉

I believe any attorney would barbecue you. I'd think it would be a difficult if not impossible defense strategy.

Here is the other pleasant thought, you know who really loves the IICRC Standards? Attorneys do. They are going to dig through it and pin you on it unless you can prove you did everything per the standard and can validate why.
I have allot to learn.
 

Desk Jockey

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What if your invoice states extracted water only?
You're probably ok but there is always risk.

You are only doing one step of what you know is a multi step process. If it doesn't dry properly and they develop mold issues you'll ultimately be held responsible.

How? You're a professional and you didn't do everything within your power to dry their home or business.

Unless they sign a release of liability/hold harmless with detailed explanation of the potential damage from mold, when not professionally dried, your ass is hanging out there for a spanking.

Will you get sued? Unlikely but still a risk. It's a business decision for you to make.

We were a big target so we never "Extracted Only". We passed up a lot of money and made a few people mad but the risk was far greater than the reward.
 
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SMRBAP

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My pollution is under $3k/yr on a stated $2M in WTR tickets. $5k deductible. Could have taken a $1k, but the premium would have been higher (not crazy higher but higher).

Pollution is definitely hard to get. If you find a good broker with relationships (they write buttloads of biz with them) in the surplus lines world you can get it reasonably, but go prepared (solid work auths and waivers). WTR/ASD, AMRT will help as well. Our contracts force customers to have IAQ testing prior to work starting, or they have to sign a release.

If you are doing WTR, CAT anything, you should have it. Without it you have no coverage on a customer mold claim.

But anyone can sue for anything. I'm fighting one now on a fire loss, with an IEP clearance report in hand and 30 soot samples, cleared by a lab.
 
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