Page 51 - Grapevine July-Aug 2020

Around The Vineyard

drift claims. Accordingly, consider obtaining an
endorsement that provides coverage specifically for
chemicals drifting off of your property resulting in
damage to someone else’s property, such as their
crops or livestock. The specific language in these
endorsements vary so it is important that you read
the endorsement terms carefully and discuss them
with a professional insurance advisor.

Certain farm premises liability coverages include
a limited amount of coverage for damage from
chemical drift, which may include drifts that
naturally occur during normal farm operations.
However, the coverage may not include drift from
aircraft, loss of market, or loss of use of soil and
crops. Some farm premises liability coverage forms
also exclude discharge from aircraft, which may be
a concern if you contract for crop dusting services.
Other coverage limitations to the farm premises lia-
bility coverages may also apply.

Commercial general liability and the farm prem-
ises liability coverages can be amended to include
certain pollution-related coverages. However,
this pollution coverage may require the release of
chemicals to be “sudden and accidental” and take
place while in “storage or being transported”. Such
language may affect the application of the cover-
age to a drift claim. Accordingly, you may consider
an endorsement specifically designed for chemical
spray drift.

Chemical Drift Liability

A chemical drift liability endorsement may provide
coverage for damage to other’s crops and livestock,
but an endorsement may also contain policy con-
ditions, limitations, and exclusions. For example, a
chemical drift liability endorsement may not pro-
vide coverage for the following:

• Damage to your own property, crops, or
animals.

• Damage you expected or intended to occur

• Bodily injury to people

• Government mandated testing or clean-up of
pollutants

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