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I was looking at a Carriers GL forms and endorsements and noticed a new one to their list. Clearly the insurance companies do not want the liability for cannabis business operations, but this goes quite a bit further.
Anyone else seeing similar exclusions on GL policies?
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – ABSOLUTE MARIJUANA OR MARIJUANA PRODUCT OR MARIJUANA DELIVERY DEVICES
The Exclusion Section of each Coverage Part provided under this policy is amended to add the following:
1. Any injury or damage, including any judgment, settlement, loss, cost or expense arising out of the ownership, possession, operation, handling, maintenance, use, sales, transfer or entrustment to others of any "marijuana or marijuana product" or "marijuana delivery device";
2. Any injury or damage, including any judgment, settlement, loss, cost or expense arising out of the exposure to any "marijuana or marijuana product" or "marijuana delivery device" on any premises that permits the use of such product or device;
3. Damages, loss, cost or expense arising out of any actual, alleged or threatened:
a. Contaminative, pathogenic, toxic or other hazardous property of any "marijuana or marijuana product" or "marijuana delivery device"; or
b. Defect, deficiency, inadequacy or dangerous condition in any "marijuana or marijuana product" or "marijuana delivery device"
c. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of any "marijuana or marijuana product" or "marijuana delivery device"
d. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of any "marijuana or marijuana product" or "marijuana delivery device"
IL990054 1017 Page 2 of 2
g. Vapor, smoke or other liquid, gaseous or thermal by-product or residue of marijuana, or other chemical, mineral, good or product applied to, found within, sprayed on or used in connection with the foregoing.
2. "Marijuana or marijuana product" includes, but is not limited to, any:
Anyone else seeing similar exclusions on GL policies?
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – ABSOLUTE MARIJUANA OR MARIJUANA PRODUCT OR MARIJUANA DELIVERY DEVICES
The Exclusion Section of each Coverage Part provided under this policy is amended to add the following:
- A. This Insurance does not apply to any:
1. Any injury or damage, including any judgment, settlement, loss, cost or expense arising out of the ownership, possession, operation, handling, maintenance, use, sales, transfer or entrustment to others of any "marijuana or marijuana product" or "marijuana delivery device";
2. Any injury or damage, including any judgment, settlement, loss, cost or expense arising out of the exposure to any "marijuana or marijuana product" or "marijuana delivery device" on any premises that permits the use of such product or device;
3. Damages, loss, cost or expense arising out of any actual, alleged or threatened:
a. Contaminative, pathogenic, toxic or other hazardous property of any "marijuana or marijuana product" or "marijuana delivery device"; or
b. Defect, deficiency, inadequacy or dangerous condition in any "marijuana or marijuana product" or "marijuana delivery device"
c. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of any "marijuana or marijuana product" or "marijuana delivery device"
d. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of any "marijuana or marijuana product" or "marijuana delivery device"
- B. This exclusion applies even if the claims against the insured allege negligence or other wrongdoing in the supervision, instruction, recommendations, hiring, employment, training or monitoring of others by that insured, warnings or advice given or which should have been given in connection, and which caused the injury or damage or the offense which caused the injury in connection with the Paragraph 1. of this endorsement.
- C. This exclusion includes any obligation to share damages with or repay someone else who must pay damages because of such injury or damage.
- D. The following definitions are added and replace any similar definitions contained therein.
- 1. "Marijuana delivery device" includes, but not limited to, any a. Cigarette or Paper Wrapped Joints b. Cigars
- c. Pipes, Bongs, or Hookahs
- d. Personal Vaporizer
- e. Other type of smoking delivery vessel or device by whatever name known, including any component, part or accessory;
- f. Good, product, service, advice or instruction for the cessation of a "marijuana or chemical delivery device."
IL990054 1017 Page 2 of 2
g. Vapor, smoke or other liquid, gaseous or thermal by-product or residue of marijuana, or other chemical, mineral, good or product applied to, found within, sprayed on or used in connection with the foregoing.
2. "Marijuana or marijuana product" includes, but is not limited to, any:
- a. Plant of the genus cannabis (herein referred to as "marijuana") by whatever name known, including its presence or use in a cigarette, joint, pipes, bongs, vaporizer, edible, oils or in chewing or smoking as in snuff;
- b. Chemical, mineral or other material, good or product applied to, found within, sprayed on or used in connection with tobacco;
- c. Filter, paper, pipe, wrapper or any other marijuana - related accessory;
- d. Marijuana good, product, service, advice or instruction; or
- e. Smoke, or other solid, liquid, gaseous or thermal by-product or residue of tobacco or in connection with any of the foregoing.