When a property’s landscaping is in need of an infusion ofgreen, what it usually gets is an infusion of chemicals. Thatvivid, uniform green of golf courses and manicured home lawns isthe result of careful application of fertilizers, herbicides, andthe care of landscape professionals. But sometimes lawns, trees,and shrubs get too much of a good thing. Plants can be burned bythe application of too much or poorly mixed herbicides and nitrogenfertilizers.

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This may sound like a purely aesthetic issue, but for insuranceagents working with landscapers and pest control operators (PCOs),it is a serious concern. This is especially true in Florida, withyear-round warmth and acres of verdant golf courses and lushlawns.

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What a burnt lawn claim looks like

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Claims stemming from burned lawns are more significant than onewould expect — even relatively minor damage to lawns can addup to five-figure claims. When it comes to single-family homes,claims are often for small burn spots on lawns or damage toornamental trees and shrubs.

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If there is a golf course or homeowners association involved ina claim, costs can reach hundreds of thousands of dollars. Golfcourses depend on green lawns for their most basic serviceoffering, so they put a great deal of care into them. Withhomeowners associations, you simply have an economy of scale — theimpact of using too much fertilizer across an entire housingdevelopment will add up quickly.

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In one case a few years ago, a PCO was performing someincidental lawn work involving an herbicide that needed to bemixed. PCOs often perform professional lawn care services,particularly in the Southeast; after all, weeds are pests too.However, he mixed a batch without reading the label and went on tospray eight lawns with the dubious plant-killing mixture. Each ofthe resulting claims was somewhere between $15,000 and $20,000.

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Mitigating the risk of burns

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By passing on risk management best practices, insurance agentscan help their landscape or pest control clients mitigate the risksof these lawn claims.

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PCOs should always read the manufacturer’s applicationguidelines — especially when using a new or unfamiliar chemical.Any chemical can destroy a lawn if used improperly, and newproducts can trip up even seasoned professionals. They must ensurethe chemicals they use are safe and appropriate in a givensituation. For example, combination weed and grass killersavailable at home improvement stores sometimes are mistaken forsimple weed killers, resulting in lawn damage.

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That makes training crucial for landscapers and PCOs. For PCOsin Florida, continuing education is mandatory to maintain a pestcontrol license. And in some instances, such as OSHA’s 2013relabeling of chemicals, the entire industry is called on to beretrained.

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However, even if a particular position does not requirecontinuing education, ongoing product development and other issuesdo. Those responsible for applying herbicides and fertilizers mustreceive ongoing training to learn about new products, proceduresand local ordinances.

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In helping them manage their risks, you may also want toconsider your client’s payment structure. If staff get paid perapplication rather than per hour, they may be rushing to performtreatments. Clearly, this can lead to hasty mixing andapplications, which certainly increases the risk of a mistake.

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Appropriate insurance coverage

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By now you are probably asking: Are my clients properly coveredin the event of a burned lawn claim?

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Florida requires PCOs to carry property liabilitycoverage, but that does not necessarily cover chemicaldamage. Additional coverage is crucial for protecting your clientsfrom paying out of pocket for the cost of remediating damage doneto lawns.

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Burned lawn claims are deemed to be propertydamage resulting from use of a pollutant. Therefore, allprofessionals applying herbicides and fertilizers should also carrya pollution liability endorsement. Keep in mind astandard general liability policy excludes pollution.

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For the application of herbicides and fertilizers, the pollutionliability endorsement should also cover environmentalcleanup. Most carriers that specialize in pest controlwill offer some form of pollution liability, but this does notalways cover environmental cleanup.

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Best practices

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Reducing the risk of burned lawn claims comes down to payingattention to best practices. For landscape professionals and PCOs,that means paying close attention to the types of chemicals theyare using, how those chemical are being used, and staying up todate on training. For insurance agents and brokers, that meansassessing these clients’ businesses and ensuring they have theright coverage.

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A burnt lawn doesn’t have to scorch a business’s bottomline.

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