CGL Endorsements – Archived Article

November, 2002

Listing and Brief Description

Summary: The commercial general liability (CGL) coverage forms can be modified in several ways by the use of endorsements: additional insureds can be added to the coverage forms; exclusions can be added or deleted; existing coverages can be redefined. The following list of current endorsements represents a sampling of those endorsements that are used most often or that raise the most questions because of their use; it is not a complete listing of the CGL endorsements.

Although the endorsements are presented numerically, they are listed below alphabetically for ease in locating.

Topics covered:
Abuse or molestation exclusion CG 21 46
Additional insured—designated person or organization CG 20 26
Additional insured—grantor of licenses CG 20 36
Additional insured—owners, lessees, or contractors CG 20 09
Additional insured—owners, lessees, or contractors CG 20 10
Additional insured—owners, lessees or contractors—completed operations CG 20 37

Additional insured—vendors CG 20 15
Amendment of coverage territory—worldwide coverage CG 24 22
Amendment of limits of insurance designated project or premises CG 25 01
Contractual liability limitation CG 21 39
Coverage for injury to leased workers CG 04 24
Deductible liability insurance CG 03 00
Employee benefits liability coverage CG 04 35
Employment-related practices exclusion CG 21 47
Exclusion—all hazards in connection with designated premises CG 21 00
Exclusion—coverage C—medical payments CG 21 35
Exclusion—damage to work performed by subcontractors on your behalf CG 22 94
Exclusion—designated professional services CG 21 16
Exclusion—employees as insureds CG 21 37
Exclusion—internet service providers and internet access providers errors and omissions CG 22 98
Exclusion—products/completed operations hazard CG 21 04
Exclusion—volunteer workers CG 21 66
Exclusion—year 2000 computer-related problems CG 21 60
Exclusion—year 2000 computer-related problems CG 21 62
Exclusion—year 2000 computer-related problems CG 21 63
Hazardous material contractors CG 22 78
Limitation of coverage to designated premises or project CG 21 44
Limited pollution liability extension endorsement CG 24 15
Limited product withdrawal expense endorsement CG 04 36
Pollution exclusion—limited exception CG 04 29
Pollution exclusion—limited exception for designated pollutant(s) CG 04 30
Pollution exclusion—named peril limited exception CG 04 28
Pollution liability coverage extension CG 04 22
Professional liability exclusion computer software CG 22 75
Professional liability exclusion—web-site designers CG 22 99
Products/completed operations hazard redefined CG 24 07
Total pollution exclusion endorsement CG 21 49
Total pollution exclusion endorsement CG 21 65
War or terrorism exclusion CG 21 69
Year 2000 computer-related problems CG 04 31

Deductible Liability Insurance

CG 03 00 01 96

Unlike property forms, the commercial general liability forms do not contain a deductible. This endorsement allows the insured and the insurer to schedule a per claim or per occurrence deductible for either bodily injury or property damage, or for both coverages combined.

On a per claim basis, the deductible applies to all damages sustained by any one person as the result of any one occurrence. With respect to property damage, the term “person” includes an organization. If damages are claimed for care, loss of services, or death resulting at any time from bodily injury, a separate deductible amount will be applied to each person making a claim for such damages.

On a per occurrence basis, the deductible applies to all damages that are the result of any one occurrence, regardless of the number of persons or organizations that sustain damages. The insurer reserves the right to pay any part or all of the deductible amount in order to effect settlement of any claim or suit; if this is done, the insured must reimburse the insurer.

Deductibles are available for both the premises-operations and the products-completed operations exposures. The amounts vary from $250 to $25,000 (even more, if the parties to the insuring agreement concur) and any premium credits are decided by the insurer.

Pollution Liability Coverage Extension CG 04 22

This endorsement deletes paragraph (1) of exclusion f., the pollution exclusion, on the CGL forms, thus providing coverage for bodily injury or property damage claims arising out of the discharge, dispersal, or release of pollutants. CG 04 22 does not mention paragraph (2), the clean up costs part of the exclusion, so the endorsement does not allow coverage for any pollution clean up costs that the insured might incur.

Coverage for Injury to Leased Workers CG 04 24

This endorsement modifies the employer's liability exclusion on the CGL coverage forms. CG 04 24 states that an employee does not include a leased worker or a temporary worker; therefore, the employer's liability exclusion does not apply to bodily injury to a leased worker or a temporary worker that arises out of and in the course of employment by the insured.

Pollution Exclusion—Named Peril
Limited Exception
CG 04 28

This is an optional endorsement that replaces the pollution exclusion on the CGL forms. Actually, the exclusion as it exists on the CGL forms is reproduced on this endorsement, but something is added. That something is an exception to the exclusion wherein subparagraphs (a) and (d) are deleted when it comes to bodily injury or property damage arising out of a short term pollution event that would not have taken place but for a named peril (listed on the endorsement) having occurred. Subparagraph (a) deals with pollutants released at or from any premises owned, occupied, or rented to any insured; subparagraph (d) deals with premises or locations on which any insured is performing operations.

CG 04 28 gives the insured coverage for a short term pollution event which is defined as a discharge or release of pollutants which begins during the policy period and at an identified time and place, and ends (in its entirety) at an identified time within 48 hours of the beginning of the discharge or release; also, the release can not have originated from an underground storage tank (defined on the endorsement). The insured also must notify the insurer of the event as soon as practicable but no more than 14 days after its ending.

As an example of how this endorsement would work, consider the following: an insured heats his office with an oil furnace; an explosion occurs in the furnace allowing the oil to leak out and cause damage to the insured's neighbor; if the insured notifies the insurer as soon as practicable and the leaking from the furnace is stopped within 48 hours of the explosion, CG 04 28 will give the insured liability coverage for the property damage suffered by the neighbor.

Pollution Exclusion—Limited Exception

CG 04 29 12 04

This endorsement is similar to CG 04 28 except that the “named peril” requirement is deleted. In other words, the short term pollution event must occur, but need not be caused by a named peril; this can be considered akin to an open perils policy.

Pollution Exclusion—Limited Exception
for Designated Pollutant(s)
CG 04 30

This optional endorsement states that subparagraphs (1)(a) and (1)(d) of the pollution exclusion on the CGL forms do not apply to bodily injury or property damage arising out of the discharge or release or escape of pollutants listed in the schedule of the endorsement and used in connection with the insured's operations. This exception does not apply if the discharge or release of the pollutants listed on the endorsement occurs while the pollutants are being transported, handled, stored, treated, or processed as waste; or transported or stored for others. CG 04 30 could be used by dry cleaners to provide pollution liability coverage for damage that is caused by the release or escape of the chemicals used in the business.

Year 2000 Computer-Related Problems CG 04 31

This is an optional endorsement that the insured can use if certain limited coverages are chosen with relation to the year 2000 computer problems. The endorsement has three schedules on it: schedule A is for the coverages to be provided, that is, BI, PD, and personal injury and advertising injury; schedule B is for a description of location, operations, products or services to be covered; and schedule C is the premium that the insured will pay for the chosen coverages.

After the schedules, CG 04 31 starts off with an exclusion that declares that the insurance does not apply to BI, PD, PI, or advertising injury arising directly or indirectly out of the following: any actual or alleged failure, malfunction or inadequacy of computer hardware, software, operating systems, networks, microprocessors (computer chips), any other computerized or electronic equipment, or any other products and any services, data, or functions that directly or indirectly use or rely upon these items. The failure, malfunction, or inadequacy must be due to the inability to correctly recognize, process, distinguish, interpret, or accept the year 2000 and beyond—pretty much the heart of a year 2000 computer problem. But, this is not all. The endorsement goes on to exclude BI, PD, PI, or advertising injury arising out of any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement, or supervision provided or done by the named insured. It is only after all these exclusions that the endorsement actually provides any coverage for the insured.

CG 04 31 states that the exclusions do not apply to the types of injury or damage indicated in schedule A arising out of any location, operations, products, or services described in schedule B. So for example, if the insured chooses personal injury and advertising injury coverage arising out of the service he or she provides at the place of business, the insured should check the chosen coverages and list the address of the place of business on CG 04 31.

ISO has indicated that CG 04 31 is for the use of any insured that feels it could be harmed by the problems that could arise from computers not being able to recognize the year 2000—any insured except, that is, traditional computer companies. These computer professionals are going to have to, no doubt, purchase some type of specialty coverage and not rely on the CGL form for coverage against year 2000 claims. Also, CG 04 31 is a liability endorsement and not meant to protect the insured from damage to his or her own computers, programs, software, or systems; this exposure is more properly covered under a property policy. Finally, ISO has also published CG 04 32 to provide the same coverage as CG 04 31, but applicable to the products/completed operations liability coverage part, CG 00 37 and CG 00 38.

Employee Benefits Liability Coverage CG 04 35

This is an endorsement with an effective date of October, 2001. CG 04 35 has a schedule on it allowing the insured to list the limits of insurance per each employee and in the aggregate, and choose the deductible per each employee. The insuring agreement is for damages because of any act, error or omission of the insured negligently committed in the administration of the named insured's employee benefit program. The coverage is on a claims-made basis.

The coverage under CG 04 35 is limited by ten exclusions. Some of these exclusions are: BI, PD, or personal and advertising injury; failure to perform a contract; insufficiency of funds to meet obligations under a plan in the employee benefits program; inadequacy of performance of investment; ERISA claims; taxes, fines, or penalties; and employment-related practices.

CG 04 35 makes employees authorized to administer the benefit program insureds. This includes past and present employees with such authorization.

The endorsement also has several definitions that are relevant to the coverage. For example, administration means providing information to employees with respect to eligibility for or scope of the employee benefit programs; handling records in connection with the program; and effecting, continuing, or terminating any employee's participation in any benefit included in the program. Administration does not include handling payroll deductions. Employee benefit program means a program providing benefits to employees, such as group life insurance, health insurance, profit sharing plans, ESOPs, vacation plans, leave of absence programs, and health club subsidies. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre-tax dollars.

As noted, CG 04 35 is a claims-made coverage and endorsement CG 27 15 can be attached to CG 04 35 to give the insured an extended reporting period. The extended period is for five years and is available for an extra charge.

Limited Product Withdrawal
Expense Endorsement
CG 04 36

This endorsement only provides reimbursement to the named insured for expenses incurred because of a covered product withdrawal. The endorsement does not provide any liability coverage or coverage for the cost or expense of defending any claim or lawsuit. The amount of the reimbursement is limited by the amount scheduled on the endorsement. The aggregate limit shown in the schedule is the most the insurer will pay to reimburse the named insured for the sum of all product withdrawal expenses incurred for all product withdrawals initiated during the policy period.

The insurance provided by CG 04 36 applies only if the product withdrawal (either a voluntary one or a withdrawal that is ordered by the government) is initiated in the coverage territory during the policy period. The insurer will reimburse only those expenses that are incurred and reported to the insurer within one year of the date that the withdrawal was initiated. And, the insurer will reimburse only if the product that is the subject to the withdrawal left the control or possession of the named insured after the cut-off date designated in the endorsement's schedule.

Product withdrawal is defined on CG 04 36 as the recall or withdrawal of the named insured's products from the market or from use because of a known or suspected defect in the product, or a known or suspected product tampering. Product withdrawal expenses means reasonable and necessary extra expenses paid and directly related to a product withdrawal. Some of these expenses are: costs of notification, costs of computer time, costs of transportation or shipping, costs of warehouse or storage space, and costs of proper disposal; the expenses do not include costs of replacement or redesign of the product or the costs of regaining market share, goodwill, or revenue.

Additional Insured—Owners, Lessees,
or Contractors
CG 20 09

This endorsement makes the entity named in the schedule an additional insured under the CGL form of the named insured, but only with respect to liability arising out of the named insured's ongoing operations performed for the additional insured at the designated location, or out of acts or omissions of the additional insured in connection with the general supervision of the named insured's operations. The entity that is named as additional insured under CG 20 09 would ordinarily be a property owner or lessee for whom the named insured is performing work under contract, or a general contractor for whom the named insured is working as a subcontractor.

CG 20 09 states that, with respect to the insurance afforded to the additional insured, only the following exclusions on the CGL form apply: a. expected or intended injury; d. workers compensation and similar laws; e. employer's liability; f. pollution; h.(2) the use of mobile equipment for racing, demolition, or stunting activity; i. war; and m. damage to impaired property or property not physically injured. The endorsement then adds four other exclusions of its own.

The insurance does not apply to bodily injury (BI) or property damage (PD) for which the additional insured is liable by reason of the assumption of liability in a contract or agreement. It should be noted that liability assumed under an insured contract is not an exception to this exclusion. However, the exclusion does not apply to liability for damages that the additional insured would have in the absence of a contract or agreement.

The insurance does not apply to BI or PD occurring after all work on the project by or on behalf of the additional insured has been completed, or that portion of the named insured's work out of which the injury or damage arises has been put to its intended use; thus, there is no completed operations liability coverage under this endorsement.

The insurance does not apply to BI or PD arising out of any act or omission of the additional insured or any employee of the additional insured, other than the general supervision work performed for the additional insured by the named insured; this exclusion enforces the idea that this endorsement is not meant to be a comprehensive general liability policy for the additional insured covering all its potential liability exposures.

The last exclusion deals with property damage. PD is not covered for property owned, used, occupied by, or rented to the additional insured or for property in the care, custody, or control of the additional insured. Also, property damage to the named insured's work for the additional insured is excluded under this endorsement.

Additional Insured—Owners, Lessees, or Contractors
—Scheduled Person or Organization
CG 20 10

Based on the number and name of this endorsement, a person might surmise that it is very similar to CG 20 09. However, CG 20 10 lists the scheduled person or organization as an additional insured only with respect to liability arising out of the named insured's ongoing operations performed for the additional insured; there is no mention of coverage for liability arising out of the acts or omissions of the additional insured in connection with the general supervision of the named insured's work. All the exclusions on the CGL form apply under this endorsement and there is an additional one to be considered. CG 20 10 excludes BI or PD occurring after all work on the project has been completed, or that portion of the named insured's work out of which the BI or PD arises has been put to its intended use. This is a completed operations exclusion.

CG 20 10 would be used, for example, by an independent contractor hired to repair or work on property owned by company A when company A wants liability coverage for potential exposures but will not be involved in any supervision of the contractor's work.

Additional Insured—Vendors CG 20 15

This endorsement enables a manufacturer or a distributor to add a vendor of its products as an additional insured on its CGL form. The name of the vendor and the product of the named insured must be listed on the endorsement or the declarations page, and the product must be distributed or sold in the regular course of the vendor's business. There are, of course, some exclusions that accompany this coverage, besides those found on the CGL form. The insurance afforded to the vendor does not apply to BI or PD for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; there is no exception for insured contracts. The insurance does not apply to any express warranty unauthorized by the named insured or to any physical or chemical change in the product made intentionally by the vendor; so the additional insured will not be covered by the named insured's CGL form if he strikes out on his own and remakes the product to satisfy his own needs or plans. Repackaging the product, unless under the endorsement's strict guidelines, also brings an exclusion to bear on coverage. CG 20 15 does not apply to any failure to make any inspections, adjustments, tests, or servicing that the vendor has agreed to make or normally undertakes in the usual course of business. The endorsement does not apply to demonstration, installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. And, finally, the insurance does not apply to products that, after distribution or sale by the named insured, have been labeled or relabeled or used as a container, part, or ingredient of any other thing or substance by or for the vendor. The point is made that this endorsement is not to be carte blanche coverage for the vendor to treat the named insured's product as his own, even after buying the product from the named insured.

CG 20 15 does not apply to any insured entity from whom the named insured has acquired the scheduled products or any ingredient, part, or container, entering into, accompanying, or containing such products. So if a company receives a product from the named insured, attaches a part, and sends the redone product back to the named insured for sale or distribution, this endorsement will not consider that company as an additional insured; it will need to buy its own insurance policies for the proper coverage.

Additional Insured—Designated Person
or Organization
CG 20 26

This general endorsement gives additional insured status to any person or organization shown in the schedule, but only with respect to liability arising out of the named insured's operations or premises owned by or rented to the named insured. CG 20 26 can be used if the additional insured does not qualify for one of the other additional insured endorsements and the insurer is willing to cover the scheduled entity.

Additional Insured—Grantor of Licenses CG 20 36

CG 20 36 amends the who is an insured clause on the CGL form to include as an insured the person or organization shown in the endorsement's schedule, but only with respect to their liability as grantor of a license to the named insured. CG 20 35 is a similar endorsement except that it extends insured status to a grantor of licenses when the named insured and the grantor have agreed in writing in a contract that the grantor is to be named as an additional insured. In other words, CG 20 35 offers automatic status as an additional insured to license grantors when required by contract, as opposed to CG 20 36 providing such status only when the grantor of the license is scheduled on the endorsement.

Additional Insured—Owners, Lessees
or Contractors—Completed Operations
CG 20 37

This endorsement amends the who is an insured section of the CGL form to include as an insured the person or organization shown in the schedule of CG 20 37, but only with respect to liability arising out of the named insured's work at the location designated and described in the schedule, and included in the products-completed operations hazard. As noted above, CG 20 10, while it grants additional insured status to owners, lessees, or contractors, does not apply to completed operations. This endorsement fills that void.

Exclusion—All Hazards in Connection
with Designated Premises

CG 21 00 07 98

This endorsement restricts somewhat the broad liability coverage afforded under the CGL forms. It states that the CGL insurance does not apply to bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, or use of the premises shown in the schedule or any property located on these premises. Furthermore, operations on the premises or elsewhere that are necessary or incidental to the ownership, maintenance, or use of the premises are also excluded. Finally, liability arising out of goods or products manufactured at or distributed from the scheduled premises is excluded. If an insurer does not want (for whatever reason) to provide general liability coverage, including products and completed operations at a particular location, this is the endorsement to use.

Exclusion—Products-Completed
Operations Hazard

CG 21 04 11 85

This endorsement modifies the CGL form and must be read in conjunction with that form. It excludes BI or PD included within the products-completed operations hazard, which is defined as all bodily injury and property damage occurring away from the premises the named insured owns or rents, and arising out of the named insured's product or work, with certain exceptions.

Exclusion—Designated Professional
Services
CG 21 16

The CGL forms provide professional liability coverage unless specifically excluded; this endorsement enables the insurer to schedule those professional services that are to be excluded from coverage. CG 21 16 states that the insurance does not apply to bodily injury, property damage, personal and advertising injury due to the rendering of or failure to render any professional service scheduled on the endorsement or the declarations page. While it seems that this endorsement would enable the insurer to exclude any and all professional services exposures, it should be noted that CG 21 16 does not define the term “professional services,” making it susceptible to judicial interpretation.

Exclusion—Coverage C—Medical Payments CG 21 35

This endorsement excludes medical payments coverage with respect to any premises or classifications shown in the schedule, and none of the references to it in the coverage part of the CGL form apply. CG 21 35 does allow coverage for first aid to an injured party as a way to continue the goodwill aura of med pay. The endorsement states that expenses incurred by the insured for first aid that is administered to others for bodily injury at the time of an accident  will be paid as supplementary payments. The supplemental payments are in addition to the limits of insurance.

Exclusion—Employees and Volunteer
Workers as
Insureds CG 21 37

Employees and volunteers are automatically included under certain circumstances as insureds under the CGL forms, so it takes this endorsement to delete such coverage. CG 21 37 states, quite simply, that part 2.a. of “who is an insured” (on the CGL form) does not apply. And, the endorsement also makes this same deletion from and modifies exclusion g. (aircraft, auto, or watercraft), so that the exclusion specifically applies to employees or volunteer workers that operate aircraft, autos, or watercraft in the course of employment by the insured, or while performing duties related to the conduct of the insured's business. Without this modification, the exclusion could be construed as not applying to autos, aircraft, or watercraft operated by an employee or volunteer (because the regular exclusion is couched in terms of “any insured”).

The endorsement also modifies the exception to exclusion g. pertaining to parking an auto on premises owned by or rented to the named insured. Under the wording of CG 21 37, the auto can not be owned by or rented or loaned to the named insured, the insured, or any of the named insured's employees or volunteer workers, or any employees or volunteer workers of the insured.

Contractual Liability Limitation CG 21 39

As the title indicates, this endorsement limits the contractual liability coverage found on the CGL forms. This is done by changing the definition of “insured contract” so that five items, rather than the six found in the current forms, are listed: a contract for a lease of premises; a sidetrack agreement; an easement agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for the municipality; and an elevator maintenance agreement. In summary, this endorsement changes the meaning of today's “insured contract” to almost reflect the meaning of “incidental contract” as found on the 1973 comprehensive general liability policy.

CG 21 39 also states that an insured contract does not include that part of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the named insured or temporarily occupied by the named insured with the permission of the owner, namely, fire legal liability.

Limitation of Coverage to Designated
Premises or Project
CG 21 44

This endorsement states that the insurance applies only to bodily injury, property damage, personal and advertising injury, and medical expenses arising out of: the ownership, maintenance, or use of the premises shown in the schedule and operations necessary or incidental to those premises; or, the project shown in the schedule. CG 21 44 is, as noted in its title, a limitation on the coverage available under the CGL forms.

Abuse or Molestation Exclusion CG 21 46

This optional endorsement precludes liability coverage in instances where abuse or molestation have a high probability of happening, such as day care centers or schools. CG 21 46 states that the insurance does not apply to bodily injury, property damage, or personal and advertising injury arising out of the actual or threatened abuse or molestation by anyone of any person while in the care, custody, or control of any insured. Nor does it apply to the negligent employment, investigation, supervision, reporting to the proper authorities, or failure to report, or retention of a person for whom the insured is or ever was legally responsible and whose conduct would be excluded by the preceding sentence.

The use of the omnibus terms like “any” and “is or ever was” in this endorsement attests to the purpose of CG 21 46, namely, to make sure that the CGL form is not used as a vehicle to provide insurance coverage for the criminal activities of abuse and molestation.

Employment-Related Practices Exclusion CG 21 47

This endorsement has been described as “an extension of employer's liability exclusion e., because it appears to be an insurer defense against attempts by insureds to secure coverage under the CGL forms for damages arising from wrongful terminations and other employment-related practices that have proliferated over the past several years.” CG 21 47 states that bodily injury or personal and advertising injury (defined terms on the CGL forms) arising out of a refusal to employ, or the termination of employment, or the demotion, harassment, discrimination, or other employment-related practices is excluded from coverage under the CGL forms. If a worker is fired or demoted or feels he or she has been harassed or discriminated against, and files a lawsuit seeking damages, this endorsement makes clear that the CGL form is not intended to provide coverage against such claims.

Total Pollution Exclusion Endorsement

CG 21 49 09 99

This endorsement removes any exceptions that exist to the pollution exclusion on the CGL forms. If an insurer does not want any pollution exposure or if the insured has a separate environmental impairment liability policy, this endorsement is used.

Exclusion—Year 2000 Computer-Related Problems

CG 21 60 09 98

This exclusion deletes coverage for BI, PD, personal injury and advertising injury that arises directly or indirectly from the failure, malfunction, or inadequacy of computers, their hardware, software, and systems to recognize or process or accept the year 2000. The only difference between this endorsement and CG 04 31 (discussed above) is that this endorsement excludes the computer-related coverage and does not give it back. CG 21 61 is the same exclusion as CG 21 60, but for products/completed operations exposures.

Exclusion—Year 2000 Computer-Related Problems CG 21 62

Endorsement CG 21 62 is the same as endorsement CG 21 60 except that it declares that the exclusion's provisions do not apply to bodily injury occurring on any premises owned by or rented to the named insured. So, if a Y2K problem somehow causes bodily injury on the named insured's premises, exclusion CG 21 62 will not apply and the named insured will have liability coverage.

Exclusion—Year 2000 Computer-Related Problems

This exclusion applies to BI, PD, personal and advertising injury arising out of a Y2K problem. The difference between this Y2K endorsement and the ones mentioned previously is that this exclusion applies only to the types of injury or damage indicated in the endorsement's schedule; the insured can check a box to have BI, PD, or personal and advertising injury as coverages to be excluded. The endorsement's schedule also has space for the specific description of location(s), operations(s), product(s), or service(s) from which the types of injury or damage can arise. For example, if the insured (and the insurer) want BI Y2K liability coverage arising from the insured's products excluded, this endorsement is used and the insured checks the bodily injury box as a coverage to be excluded, and describes the products that are to be excluded. If the coverages to be excluded are not specified and the location, operation, product, or service is not specified, this exclusion will not apply to those exposures not so specified.

Note that endorsement CG 21 64 is similar to endorsement CG 21 63 except that it is used with the products/completed operations liability coverage form.

Total Pollution Exclusion Endorsement CG 21 65

This exclusion is similar to CG 21 49, the total pollution exclusion endorsement, but it offers a building heating equipment exception and a hostile fire exception. CG 21 65 replaces the pollution exclusion as it is written on the CGL form by stating that “the insurance does not apply to BI or PD which would not have occurred in whole or in part but for the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time”. Then, the endorsement goes on to note the exceptions: the exclusion does not apply to BI if sustained within a building which is or was at any time owned or occupied by, rented or loaned to, any insured and caused by smoke, fumes, vapor or soot from equipment used to heat that building; the exclusion does not apply to BI or PD arising out of heat, smoke, or fumes from a hostile fire.

This endorsement simply allows some exceptions that are in the current pollution exclusion under the CGL form to exist for the insured if that insured has chosen or has been given a total pollution exclusion endorsement. For more information on these exceptions to the pollution exclusion, see CGL Coverage Form—Coverage A.

Note that endorsement CG 21 55 offers a total pollution exclusion with a hostile fire exception.

Exclusion—Volunteer Workers

CG 21 66 12 04

The current CGL form includes volunteer workers as insureds and as eligible for med pay coverage. This endorsement excludes such coverage if the named insured chooses to use it.

War or Terrorism Exclusion CG 21 69

This endorsement is a reaction to the WTC attack. It rewords the war exclusion on the CGL form to include not only war but also warlike action by a military force and terrorism. Terrorism is defined as activities against persons, organizations, or property of any nature that involve the use or threat of force or violence, the effect of which is to intimidate or coerce a government or the civilian population, to disrupt any segment of the economy, or to further political, ideological, religious, or social objectives.

For the terrorism part of the exclusion to apply, the total of insured damage to all types of property must exceed $25,000,000; fifty or more persons must sustain death or serious physical injury; the terrorism must involve the use of nuclear materials or radioactive contamination; or, the terrorism must be carried out by means of the dispersal of pathogenic or poisonous biological or chemical materials.

The exclusion is added to the personal and advertising injury liability part of the CGL form and also deletes the war exclusion from the med pay part of the policy.

CG 21 69 applies to the CGL coverage forms. The OCP form and products/completed operations form use endorsement CG 31 42 for the same purpose. The pollution liability coverage form and the underground storage tank policy use CG 31 43.

Professional Liability Exclusion Computer Software CG 22 75

This endorsement excludes coverage under the CGL forms for injury or damage arising out of the rendering of or failure to render any computer software related services by the named insured. CG 22 75 treats such services as a professional liability exposure that is better covered by a professional liability policy. Also, it should be noted that the exclusion is limited to services related to the named insured's computer software; that is, if the named insured services the computer software of another entity and causes injuries or damage, this endorsement is not applicable. And, CG 22 75 deletes the exceptions to the contractual liability exclusion of the CGL forms, so that even insured contracts will not allow coverage for the negligence and subsequent liability of the named insured arising from his or her computer related services.

Hazardous Material Contractors CG 22 78

This endorsement modifies the pollution exclusion on the CGL forms so that contractors dealing with hazardous materials (an undefined term that could include asbestos or PCBs) can have some liability coverage should any injury or damage arise out of their business. CG 22 78 states that “with respect to the removal, replacement, repair, enclosure, or encapsulation of any hazardous material or substance from a building or structure, paragraph (1) (e) under exclusion f. of Section I—Coverage A—Bodily Injury and Property Damage Liability is deleted.” That particular paragraph deals with the dispersal or escape of pollutants at or from any premises or location on which any insured is performing operations, if the operations are to remove or in any way respond to the effects of pollutants. Thus, for example, if the insured is a contractor removing asbestos from a building, this endorsement would allow general liability coverage for that insured should his or her activities cause some of the asbestos to escape into the air and cause damage to a third party. This assumes, of course, that an insurer would write such coverage under a standard CGL form in place of a specialty policy.

Exclusion—Damage to Work Performed
by Subcontractors on Your Behalf
CG 22 94

Exclusion l. on the CGL form applies to property damage to the named insured's work, but allows an exception if the work was performed on behalf of the named insured by a subcontractor. CG 22 94 revises exclusion l. by deleting the exception. Endorsement CG 22 95 alters this a bit by deleting the subcontractor exception but only for those sites or operations designated in the schedule of the endorsement.

Exclusion—Internet Service Providers
and Internet Access Providers

Errors and Omissions
CG 22 98

This endorsement adds an exclusion to both coverages A and B on the CGL form. CG 22 98 says that the insurance does not apply to any injury or damage arising out of an error, defect or deficiency in any evaluation, consultation or advice given concerning Internet service or access. Insurance is also excluded for the failure of any insured to adequately provide Internet services or Internet access.

Professional Liability Exclusion—Web-Site Designers

CG 22 99 12 04

This endorsement notes that coverages A and B of the CGL form do not apply to injury or damage arising out of any act, error or omission with respect to web-site designer or consultant services.

Products/Completed Operations Hazard Redefined CG 24 07

This endorsement is used primarily by places like restaurants that serve food and drinks for consumption on premises. CG 24 07 modifies the products-completed operations hazard definition so that bodily injury and property damage arising out of the named insured's products are included in the definition if the injury and damage occurs after the named insured has relinquished possession of the products. Without this endorsement, such injury or damage has to occur away from the premises owned or rented by the named insured to be included in the definition. Note that the insured has coverage for the BI and PD arising out of the use of its products even without using CG 24 07, but the coverage is subject to the general aggregate limit; CG 24 07 allows coverage under the products/completed operations aggregate limit.

Limited Pollution Liability Extension Endorsement CG 24 15

This endorsement is another one that modifies the pollution exclusion (f.) of the CGL forms. CG 24 15 deletes that part of the pollution exclusion referring to “any premises, site, or location … owned or occupied by … any insured”; so the insured would have liability coverage if pollutants escape from a building either owned by the insured or in which he or she operates the business. CG 24 15 also modifies that part of the pollution exclusion dealing with the insured performing operations at or from any premises or location in that the following wording is deleted: if the pollutants are brought on or to the premises, site, or location in connection with such operations by such insured. By way of example, the asbestos-removal contractor discussed above under CG 22 78 would not be a candidate for this endorsement.

CG 24 15 does add a new element to the pollution exclusion. BI or PD arising out of the escape of pollutants at or from a storage tank below ground or water is excluded. Even if the tank or container was buried and subsequently exposed by whatever means, any damage due to the escape of pollutants is excluded. This is so if the premises or location is owned or occupied by any insured or if the insured is performing operations and the pollutants are brought onto the premises in connection with such operations.

The limits of insurance section of the CGL forms is changed by CG 24 15. The endorsement has a space to schedule an aggregate limit for the limited pollution liability extension. This scheduled limit is the most the insurer will pay for the sum of damages under coverage A and medical expenses under coverage C.

Amendment of Coverage Territory
—Worldwide Coverage
CG 24 22

Coverage territory under the CGL form is basically the United States, Puerto Rico, and Canada . This endorsement broadens the territory to include anywhere in the world with the exception of any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States. So, if a lawsuit is brought against the insured in a territory outside the U.S., Puerto Rico, or Canada, CG 24 22 says that the insurer will reimburse the insured for any reasonable and necessary expenses incurred for the defense; and, if the insured loses the lawsuit and becomes legally obligated to pay damages, CG 24 22 says that the insurer will reimburse the insured for such sums. All payments are made in U.S. currency at the prevailing exchange rate.

There are two similar endorsements that are now in use. CG 24 23 amends the coverage territory definition on the CGL form to include additional countries scheduled on the endorsement. CG 24 24 amends the definition so that coverage territory means anywhere in the world except those countries specified in the schedule of the endorsement, or any country subject to trade or other economic sanctions by the United States.

Amendment of Limits of Insurance
Designated Project or Premises
CG 25 01

The limits of insurance shown in the declarations of the CGL form are changed by the limits designated in the schedule of this endorsement; the limits that are changed are the general aggregate limit, the products-completed operations aggregate limit, the personal and advertising injury limit, the each occurrence limit, the fire damage limit, and the medical expense limit.

The limits pertain to a designated project or premises listed on the endorsement. However, endorsement CG 25 01 does not establish additional limits for the specified project or premises; the limits shown on the endorsement are inclusive of and not in addition to the limits that are on the CGL form. This endorsement simply allows a portion of the aggregate limits to be set aside solely for the specified project or premises.

It is worth noting that endorsements CG 25 03 and CG 25 04, although similar in wording to CG 25 01, do not state that the limits on the respective endorsements are “inclusive of and not in addition to the limits” on the CGL form. In fact, these endorsements state specifically that the general aggregate limit applies separately to each project (CG 25 03) or each premises (CG 25 04). This means that if an insured owns 10 locations, for example, and CG 25 04 is attached to the CGL coverage form, the general aggregate limit stated in the coverage form is, in reality, 10 times the stated limit.