11.3 Key CGL Exclusions and Endorsements
Key Takeaways
- Coverage A has roughly 15 exclusions (a-q); the exam tests the exceptions that restore coverage more than the exclusion names.
- The pollution exclusion has a hostile-fire exception; the auto exclusion preserves mobile equipment used at a job site.
- The care/custody/control exclusion is offset by the Damage to Premises Rented to You grant (about $100,000 for fire).
- The your-work exclusion has a subcontractor exception - a sub's faulty work can remain covered while the insured's own defective work is an uninsurable business risk.
- Endorsements such as CG 20 10/CG 20 37 (additional insured) and CG 25 03/CG 25 04 (per-project/per-location aggregates) modify the CGL; liquor, auto, employee, professional, pollution, and EPLI exposures each route to a separate policy.
Why the CGL Excludes So Much
The CGL grants broad liability coverage, then narrows it with exclusions that (1) bar uninsurable risk, (2) prevent duplicate coverage belonging on another policy, and (3) curb moral hazard. Coverage A of CG 00 01 contains roughly 15 exclusions, lettered a through q in the form; Coverage B carries its own set. The exam tests exclusions less on memorizing names than on applying the exceptions that restore coverage. For every major exclusion, train yourself to ask: "Is there an exception, and does it apply here?"
Coverage A Exclusions to Master
a. Expected or Intended Injury
BI/PD the insured expected or intended is excluded. Exception: injury from reasonable force to protect persons or property. Trap: the act may be intentional while the injury is not - swinging a hammer is intentional, but accidentally striking a bystander is not an intended injury, so coverage may apply.
b. Contractual Liability
Liability assumed under a contract is excluded, except (1) liability the insured would have without the contract (its own tort liability), and (2) liability assumed in an "insured contract."
| Six "insured contracts" | |
|---|---|
| Lease of premises | Sidetrack (railroad) agreement |
| Easement or license agreement | Indemnify a municipality (permits) |
| Elevator maintenance agreement | Tort liability assumed in a contract pertaining to the business |
c. Liquor Liability
Excluded for businesses in the alcohol trade (manufacture, sale, serving). Social hosts are not excluded. Solution: separate Liquor Liability coverage.
d-e. Workers Comp & Employer's Liability
Excludes WC obligations and BI to an employee arising out of employment - those go to WC / Employers Liability, and wrongful-termination/harassment to EPLI.
More Coverage A Exclusions
f. Pollution - the Hostile-Fire Exception
The pollution exclusion is broad (discharge, dispersal, cleanup of pollutants). Key exception: BI/PD from heat, smoke, or fumes of a hostile fire (one that breaks out from where it was intended to be) is covered. Other pollution needs Environmental/Pollution Liability.
g. Aircraft, Auto, Watercraft - and Mobile Equipment
BI/PD from owning or using aircraft, autos, or watercraft is excluded (use Aviation, Business Auto, Watercraft). But mobile equipment stays covered by the CGL.
| Vehicle | CGL covers it? |
|---|---|
| Forklift used on premises | Yes (mobile equipment) |
| Crane/bulldozer at a job site | Yes (mobile equipment) |
| Licensed road vehicle | No (Business Auto) |
j. Care, Custody, or Control (CCC)
Excludes PD to property the insured owns, rents, occupies, or has in its care, custody, or control, and to the particular part being worked on. Exception: the Damage to Premises Rented to You grant covers fire and short-term-rental damage up to a separate limit (typically $100,000).
k-n. Your Product / Your Work / Impaired Property / Recall
- Your product / your work - PD to the insured's own product or completed work is excluded as a business risk, except when the damaged work or its cause was performed by a subcontractor (the heavily tested subcontractor exception).
- Impaired property - loss of use of undamaged property caused by a deficient product/work.
- Recall ("sistership") - costs of withdrawing or recalling products are excluded.
Reading Exclusions the Way the Exam Tests Them
A typical question gives a fact pattern that looks excluded, then rewards the candidate who spots the exception that restores coverage.
| Exclusion | Exception that can restore coverage |
|---|---|
| Expected or intended | Reasonable force to protect persons/property |
| Contractual liability | "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 |
| Auto vs. mobile equipment | Land machinery at a job site stays in the CGL |
Mobile equipment crossover. The same self-propelled crane is mobile equipment (CGL covers it) while working inside a fenced job site, but flips to an auto (excluded, needs Business Auto) when driven on a public highway. Always check where and how the machine was used.
Key Endorsements That Modify the CGL
Exclusions are matched to a solution policy, and several endorsements add back or carve out coverage on the CGL itself:
| Need | Endorsement / solution |
|---|---|
| Name a landlord/client as an additional insured | CG 20 10 (ongoing operations), CG 20 37 (completed operations) |
| Separate aggregate per project | CG 25 03 (Per Project Aggregate) |
| Separate aggregate per location | CG 25 04 (Per Location Aggregate) |
| 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 & officers acts | D&O Liability |
Why the your-work exclusion has a subcontractor exception. A general contractor cannot fully control a sub's workmanship, so damage caused by a sub's faulty work stays covered - while the GC's own defective work is an uninsurable business risk. This pairing is one of the most frequently tested points in the entire exclusions section.
A general contractor's completed building suffers water damage traced to faulty roofing installed by a subcontractor. The CGL excludes 'damage to your work.' How does the policy most likely respond?
A restaurant that serves alcohol is sued after an intoxicated patron causes a car crash. The CGL liquor liability exclusion applies. What is the correct coverage analysis?