11.3 Key CGL Exclusions and Endorsements
Key Takeaways
- Coverage A has roughly 15 exclusions; the exam tests whether you can spot the exception that restores coverage in a fact pattern that looks excluded.
- Memorize the six insured contracts and the key exceptions: reasonable force, insured contract, Damage to Premises Rented to You, subcontractor work, and hostile-fire pollution.
- Mobile equipment is covered by the CGL on a job site but becomes an excluded auto when driven on public roads under its own power.
- Your-product, your-work, impaired-property, and recall exclusions are business risks; the subcontractor exception to the your-work exclusion is heavily tested.
- Subcontractors and additional insureds are not automatic insureds - CG 20 10 adds them; excluded exposures map to separate policies (Business Auto, WC, E&O, EPLI, Liquor, D&O).
Why the CGL Excludes So Much
The CGL is a broad coverage grant deliberately narrowed by exclusions that (1) bar uninsurable risk, (2) prevent duplicate coverage belonging on another policy, and (3) reduce moral hazard. Coverage A carries roughly 15 exclusions (lettered a through q in the form); Coverage B has its own set. The exam tests application of exceptions far more than memorization of names. For each major exclusion, train yourself to ask: Is there an exception, and does it apply to these facts?
The single biggest trap is a fact pattern that looks excluded but contains an exception that restores coverage.
Coverage A Exclusions You Must Master
- a. Expected or Intended Injury - excludes BI/PD the insured expected or intended. Exception: reasonable force to protect persons or property. Note the act can be intentional while the injury is not.
- b. Contractual Liability - excludes liability assumed under contract, except the insured's own tort liability and liability assumed in an insured contract (six named contracts).
- c. Liquor Liability - excludes businesses in the alcohol trade; social hosts are NOT excluded. Solution: separate Liquor Liability policy.
- d-e. Workers Comp / Employer's Liability - employee injuries go to WC and Employers Liability; employment practices go to EPLI.
- f. Pollution - very broad, but the hostile-fire exception preserves BI/PD from heat, smoke, or fumes of a hostile fire.
- g. Aircraft/Auto/Watercraft - excluded (use Aviation, Business Auto, Watercraft), but mobile equipment is covered.
- j. Care, Custody, or Control - excludes PD to property in the insured's care, except the Damage to Premises Rented to You grant (fire, ~$100,000).
- k-n. Your Product / Your Work / Impaired Property / Recall - business-risk exclusions; the subcontractor exception to the your-work exclusion is heavily tested.
The Six Insured Contracts (Exception to the Contractual Exclusion)
The contractual-liability exclusion (b) does NOT apply to liability assumed in an insured contract. Memorize all six - the exam likes to slip a non-listed agreement into the answer choices:
| Six insured contracts | |
|---|---|
| Lease of premises | Sidetrack (railroad) agreement |
| Easement or license agreement | Obligation to indemnify a municipality (permits) |
| Elevator maintenance agreement | Tort liability assumed on another's behalf in any contract pertaining to the insured's business |
Liability the insured would have had even without the contract (its own tort liability) is also preserved. The exclusion only bites when the insured adds liability by contract that is not on this list.
Exception-Restores-Coverage Cheat Sheet
This is the highest-yield exclusions table on the exam. Each major exclusion pairs with an exception that can put coverage back.
| Exclusion | Exception that can restore coverage |
|---|---|
| Expected or intended injury | Reasonable force to protect persons/property |
| Contractual liability | Liability in an insured contract or own-tort liability |
| Care, custody, control | Damage to Premises Rented to You (fire, ~$100K) |
| Damage to your work | Work performed by a subcontractor |
| Pollution | Heat/smoke/fumes from a hostile fire |
Mobile equipment vs. auto - the classic crossover. A self-propelled crane working inside a fenced job site is mobile equipment (covered by the CGL). The same crane causing damage while driven on a public highway under its own power is treated as an auto and is excluded - the contractor needs Business Auto for that exposure. Always check where and how the machine was used.
The Most-Tested CGL Exclusions
The CGL withdraws coverage through a long exclusion list; the exam focuses on these:
| Exclusion | Rationale |
|---|---|
| Expected or intended injury | Insures negligence, not deliberate harm |
| Contractual liability | Bars liability assumed by contract (with an exception for "insured contracts") |
| Workers compensation / employer's liability | Belongs on the WC policy |
| Pollution | Environmental impairment is a separate exposure |
| Auto/aircraft/watercraft | Belongs on auto/aviation/marine policies |
| Damage to your product / your work / impaired property | Business risk, not insurance — a defective product is a warranty matter |
| Damage to property in your care, custody, or control | Bailee exposure handled elsewhere |
| Liquor liability | For businesses in the business of serving alcohol |
The Business-Risk Exclusions
The "your product," "your work," and "impaired property" exclusions embody the principle that a CGL covers third-party damage caused by the insured's faulty work, not the cost to repair the insured's own defective product or work — that is a business risk the insured controls. A subcontractor exception narrows the "your work" exclusion so a general contractor retains coverage for damage caused by a subcontractor's faulty work.
Frequently Added Endorsements
Common CGL endorsements add coverage the base form excludes or restrict it: Additional Insured forms (landlords, vendors, owners by contract), Liquor Liability, Employee Benefits Liability, Limitation of Coverage to Designated Premises, and Amendment of Aggregate (per-project or per-location aggregates). Recognizing that business-risk losses are excluded, but third-party damage from faulty work is covered, resolves the majority of CGL exclusion questions.
A general contractor's completed building suffers water damage caused by faulty roofing that a roofing subcontractor installed. The contractor's CGL faces a claim for the damage to the completed work. How does the your-work exclusion apply?
Coverage B Exclusions and the Exclusion-to-Solution Map
Coverage B (Personal & Advertising Injury) has its own exclusions: knowing violation of another's rights, material published with knowledge of falsity, material first published before the policy began, criminal acts, claims about quality/performance/price of goods, patent/trademark/trade-secret infringement (copyright, trade dress, and slogans in an ad are still covered), and insureds in the media business.
When an exposure is excluded, the candidate should know which policy picks it up:
| Excluded exposure | Buy this instead |
|---|---|
| Auto liability | Business Auto Policy |
| Employee injury | Workers Comp / Employers Liability |
| Professional error | Professional Liability (E&O) |
| Pollution | Environmental/Pollution Liability |
| Employment practices | EPLI |
| Liquor (in the trade) | Liquor Liability |
| Directors and officers acts | D&O Liability |
Endorsements That Modify the CGL
The exam expects familiarity with the common ISO endorsements that broaden, restrict, or restructure the base form:
- CG 20 10 - Additional Insured (Owners, Lessees, or Contractors): adds a party (often a project owner) as an insured for the insured's ongoing operations. Independent contractors, subcontractors, and additional insureds are NOT automatic insureds - each needs an endorsement.
- CG 25 03 / CG 25 04 - Per Project / Per Location Aggregate: split the General Aggregate as covered in 11.1.
- CG 00 02: switches the form from occurrence to claims-made.
Trap. Candidates assume a subcontractor is automatically insured under the GC's CGL. It is not - additional-insured status requires the CG 20 10 (or similar) endorsement and is frequently a contract requirement.
A restaurant that serves alcohol is sued after an intoxicated patron causes a car crash. The restaurant's CGL denies the claim. Which exclusion applies, and what coverage was needed?