What it does
CG 21 49 replaces exclusion f. with a total pollution exclusion: no coverage for "bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time, plus the standard exclusion of cleanup and remediation costs and governmental claims for those costs.
Who needs it
Manufacturers, distributors of chemicals or fuel, waste and recycling operations, and contractors whose work involves pollutants.
Key provisions and limits
- None of the base form's exceptions survive, so carbon monoxide from a building heater, smoke from a hostile fire and hydraulic fluid leaks from equipment are all excluded.
Quoting and selling notes
- Explain the difference from the standard exclusion; buy contractors pollution or premises pollution liability where needed.
- Less severe variants: CG 21 55 (hostile fire exception) and CG 21 65 (heating equipment and hostile fire exceptions).
- CG 21 49 09 99 is not available in every state; CG 21 98 12 07 carries the same title.
Who gets it and what to do
- Carriers attach total pollution exclusions to classes with regular pollutant handling, or as a condition of writing a difficult account; ask why it was attached and whether CG 21 65 or CG 21 55 is available instead.
- For contractors, a contractors pollution liability policy covers job-site releases, mold and hazardous materials claims that the CGL will not.
- For property owners, premises pollution liability covers on-site and migrating pollution, including cleanup costs.
- Building owners should resist this form; carbon monoxide from the building's own heating system is excluded under it.
