My question in regards to the CA 99 48 Broadened Pollution form. So much of the content you see online says this form does not apply to loading and unloading of pollutants. My belief is it does. CA 99 48 specifically says part a. of the pollution exclusion found in the policy only applies to liability assumed by contract. So as long as the liability is not contractually related, the CA 99 48 would apply to a claim from the loading of unloading.
I have had carriers pay these claims under the CA 99 48, but a Florida County Risk manager is just relying on "google" searches. Wanting to confirm above thought process.
Florida Subscriber
You are correct in your analysis of coverage. Bolding in our response is added for emphasis.
Paragraph A. of endorsement CA 99 48 removes the pollution exclusion thereby providing coverage for:
"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto";
However, A.1. of the endorsement keeps the pollution exclusion intact for liability assumed under a contract or agreement.
To repeat, the endorsement states that the pollution exclusion does not apply except for liability assumed under contract or agreement. In addition, "covered pollution cost or expense" is clarified that it will not provide pollution coverage until the pollutants are accepted by the insured for movement into or from the covered auto, and it will not cover pollution after the pollutants are out of the insured's possession.
ISO Rule 303.B. clarifies that the endorsement does provide coverage for loading or unloading, except as follows:
Pollution Liability – Broadened Coverage For Covered Autos – Business Auto And Motor Carrier Coverage Forms. Endorsement CA 99 48 may be added to delete that part of the pollution exclusion and the definition of "covered pollution cost or expense" for bodily injury, property damage and covered pollution cost or expense relating to discharges of pollutants which are in or upon, being transported or towed by or being loaded onto or unloaded from a covered auto. This extension of coverage does not apply to liability assumed under any contract or agreement.
An item to note is that what is stated in the manual but not in the endorsement itself, is that this endorsement provides coverage for "covered pollution cost or expense".