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Environmental Liability

Contractors Pollution Liability

Protection for contractors from pollution related claims that arise from their operations at third party job sites. Covers sudden and accidental events and gradual events when triggered by the contractor's work.

Why Do I Need CPL?

CPL bridges the gaps in insurance that are commonly excluded under the CGL and provides broader coverage than that typically provided by the CGL policy.

What Does the Coverage Include?

Cleanup costs
Bodily injury
Property damage
Legal defense
Public relations costs
Mould cleanup
Asbestos cleanup
Fines and penalties where allowable by law

Common Exposures

Mould growth caused by water intrusion during construction
Asbestos disturbance during renovation
Fuel spills arising from equipment
Government fines and penalties from a pollution incident

Claims Examples

HVAC contractor disturbs mould

An HVAC contractor performing work accidentally disturbed mould within a wall cavity. The mould spread to adjacent units, which required professional remediation. The CPL responded to cleanup costs, tenant relocation, and associated damages.

Excavation strikes water main

While installing underground utilities, an excavation contractor's backhoe struck a water main line. Chlorinated water contaminated the surrounding soil and required emergency cleanup. CPL covered the remediation and related third-party claims.

Plumbing joint causes mould

A plumbing contractor installing plumbing in a new office building failed to seal one of the joints properly. Months later, tenants complained of water pressure problems. Investigation revealed the improperly sealed joint and significant mould growth. The CPL covered the remediation and any related third-party claims.

Asphalt spill contaminates creek

A paving contractor spilled asphalt into a storm drain during road resurfacing, contaminating a local creek. CPL covered cleanup and third-party property claims.

Diesel leak at job site

A transportation contractor had a diesel leak from their truck while unloading material at a third party site, releasing diesel into the area and contaminating the surrounding area. CPL covered cleanup and any related government fines received.

Broker Questions

How Contractors Pollution Liability responds to the questions brokers ask us most often.

What does Contractors Pollution Liability cover that a CGL policy does not?

Most Commercial General Liability policies carry a total pollution exclusion, so claims for cleanup of a pollution condition caused by the contractor's work are excluded. Contractors Pollution Liability is written to respond to exactly that exposure: cleanup costs, bodily injury and property damage arising from a pollution condition caused by covered operations, plus the legal defense that goes with it.

Is mould covered under a CPL policy?

Yes. Mould cleanup is one of the covered items on the TerrAssure CPL form, which matters because mould growth triggered by water intrusion during construction is one of the most common contractor pollution claims we see. Cover applies to mould arising from the contractor's covered operations; terms, limits and any conditions are set out in the issued policy.

Can I buy CPL for a single project instead of a full year?

Yes. CPL is available project specific or annual. A project specific policy is normally used where an owner or general contractor requires dedicated limits for one job, often with an extended completed operations period. An annual policy covers the contractor's operations across all jobs in the policy period.

Does CPL cover gradual pollution, or only sudden and accidental events?

Both. The TerrAssure CPL form responds to sudden and accidental pollution events and to gradual events, where the pollution condition is triggered by the contractor's covered work. Gradual exposures are common in claims such as an improperly sealed plumbing joint that causes mould months after the work finished.

Are fines and penalties from a pollution incident insurable?

Fines and penalties are covered where allowable by law. Canadian law limits insurability of certain penalties, so this cover applies only in jurisdictions and circumstances where insuring the penalty is permitted. Your underwriter can confirm how it applies to a specific operation.

Does CPL follow materials being hauled off site?

Transportation is included on the TerrAssure CPL form, which covers pollution conditions arising from the transport of materials in connection with covered operations. A diesel release while unloading at a job site is a typical example of a claim under this extension.

Coverage described here is a summary. The issued policy wording governs in all cases. Ask an underwriter about a specific risk.

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