Railroad Protective Liability Pollution Exclusion

The railroad protective liability policy has an endorsement, CG 28 31, that pertains to pollution exclusion. There are different editions of this endorsement. Do you know if the most recent version of CG 28 31 is more restrictive than the previous versions?

Ohio Subscriber

There are three edition dates of the endorsement, dated 11/85, 10/93, and 07/98 respectively. The 11/85 version applied to anyone that brought the pollutants onto the job location. The 10/93 version changed this to apply when the insured, contractors, or subcontractors working for the insured brought the pollutants onto the job location. And, the 07/98 version changed this to the named insured, the contractor, or the named insured's designated employee.

So, the progression seems to be a less restrictive approach, from anyone bringing the pollutants onto the job location to the named insured, the contractor working for the named insured, and the named insured's designated employee. The broad purpose of the exclusion over the years remains the same, namely to exclude coverage for bodily injury and property damage claims due to the release or escape of pollutants from the job location where the named insured or the named insured's contractors are working if the pollutants are brought onto the job site by those parties. However, the application of the exclusion now depends on specifically designated persons.