Key Takeaways
- CGL policies have extensive exclusions to eliminate coverage for exposures requiring separate policies (auto, workers comp, professional liability, pollution, etc.).
- The EXPECTED OR INTENDED injury exclusion bars coverage for intentional acts—but if harm is unintended, the exclusion may not apply.
- The CONTRACTUAL LIABILITY exclusion has an important exception: the 'insured contract' exception allows coverage for liability assumed in leases, easements, and certain other agreements.
- The EMPLOYER'S LIABILITY exclusion eliminates coverage for employee injury claims—these are covered by Workers Compensation.
- CARE, CUSTODY, OR CONTROL (CCC) exclusions eliminate coverage for damage to property the insured is working on or has in their care.
CGL Exclusions
Overview of Exclusions
The CGL policy contains extensive exclusions organized into categories. Understanding these exclusions is ESSENTIAL for the P&C exam.
Purpose of Exclusions:
- Eliminate coverage for uninsurable risks
- Prevent duplicate coverage with other policies
- Reduce moral hazard
- Keep premiums affordable
Coverage A Exclusions (Bodily Injury & Property Damage)
Expected or Intended Injury
| What's Excluded | Details |
|---|---|
| Expected injury | Injury insured expected to occur |
| Intended injury | Injury insured intended to cause |
| Exception | Reasonable force to protect persons or property |
Key Point: The injury must be expected or intended, not just the act. If you swing a hammer and accidentally hit someone, the act was intended but the injury was not.
Contractual Liability
| What's Excluded | What's NOT Excluded (Insured Contracts) |
|---|---|
| Liability assumed in a contract | Lease of premises |
| Indemnification agreements | Sidetrack agreement |
| Hold harmless agreements | Easement or license agreement |
| Elevator maintenance agreement | |
| Municipality indemnification for permits | |
| Other contracts if liability would exist anyway |
Liquor Liability
| Excluded | Applies To |
|---|---|
| Bodily injury/property damage from furnishing alcohol | Businesses in alcohol trade |
| Causing intoxication | Liquor stores, bars, restaurants |
| NOT social hosts (personal parties) |
Solution: Purchase separate Liquor Liability coverage.
Workers Compensation/Employer's Liability
| What's Excluded | Why |
|---|---|
| Obligation under workers comp law | WC provides exclusive remedy |
| Bodily injury to employees | Must purchase Employers Liability |
| Employment-related practices | Requires EPLI coverage |
Pollution Exclusion
| Excluded | Limited Exception |
|---|---|
| All pollution-related claims | Hostile fire releases pollutants |
| Environmental cleanup | Pollution from products at customer site |
| Government-mandated cleanups |
Solution: Purchase Environmental Impairment Liability or Pollution Liability coverage.
Aircraft, Auto, Watercraft
| Excluded | Why |
|---|---|
| All injury/damage from aircraft | Requires Aviation Liability |
| All injury/damage from autos | Requires Auto Liability |
| Watercraft over 26 feet | Requires Watercraft Liability |
Mobile Equipment Exception
| Vehicle Type | Covered Under CGL? |
|---|---|
| Forklifts on premises | ✓ Yes |
| Bulldozers at job site | ✓ Yes |
| Cranes | ✓ Yes |
| Road vehicles registered for use | ✗ No (Auto policy) |
Care, Custody, or Control (CCC)
Property damage is excluded to property:
| Category | Example |
|---|---|
| Owned by insured | Insured's own building |
| Rented to insured | Leased equipment |
| In insured's care | Customer's car in for service |
| Under insured's custody | Property being stored |
| Under insured's control | Property being transported |
Exception: Fire damage to rented premises (up to separate limit).
Products-Completed Operations Exclusions
| What's Excluded | Details |
|---|---|
| Property damage to your product | Defective product itself not covered |
| Property damage to your work | Faulty workmanship not covered |
| Damage to impaired property | Only if not physically damaged |
| Recall of products | Voluntary or mandatory recalls |
Damage to Your Work
| Excluded | Exception |
|---|---|
| Damage to your completed work | Work done by subcontractors |
| Defective workmanship repairs | If subcontractor's work caused damage |
Coverage B Exclusions (Personal/Advertising Injury)
| Exclusion | Details |
|---|---|
| Knowing violation | Insured knew they were violating rights |
| Material published before policy | Prior publication excluded |
| Known false material | Publishing with knowledge of falsity |
| Criminal acts | By or at direction of insured |
| Breach of contract | Contractual obligations |
| Wrong price/quality | Advertising misrepresentation |
| Internet operations | Chatrooms/forums you run |
Key Exclusion Categories Summary
| Category | Requires Separate Coverage |
|---|---|
| Auto | Business Auto Policy |
| Workers Comp | Workers Compensation Policy |
| Professional | Professional Liability (E&O) |
| Pollution | Environmental Liability |
| Employment Practices | EPLI |
| Cyber | Cyber Liability |
| Directors & Officers | D&O Liability |
| Liquor | Liquor Liability |
An employee is injured on the job and sues the employer for negligence. Why would this claim be excluded under the CGL policy?
A contractor is working on a customer's house when they accidentally damage the homeowner's antique furniture. This damage would likely be excluded under which provision?
The CGL pollution exclusion has an exception for which of the following?
8.6 CGL Limits and Conditions
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