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Vol. 6, Iss. 9
December 13, 2017


The Organic and Green Version Of The Commercial General Liability Policy



There sure are a lot of strange organic foods out there these days. You can get organic tortilla chips, organic mustard and, get this, organic Capri Sun juice boxes. But organic officially jumped the shark when I saw organic Swedish fish on the counter of my local coffee shop. You gotta be kidding me. Even healthy Swedish people don’t eat organic Swedish fish.

With so many organic foods for sale, as well as all the efforts underway to go green, it seems only a matter of time before ISO introduces an organic and green version of its commercial general liability form. Those guys are always coming up with insurance products to keep pace with society’s comings and goings.

Here are ten ideas for ISO to consider for its new healthy and environmentally friendly CGL policy:

Mold Exclusion is eliminated. After all, living organisms should be cherished.

The Auto Exclusion now contains an exception for electric cars. Except Teslas. Those people can afford auto insurance.

The Voluntary Payments provision has been amended and now reads as follows: “No insured will, except at that insured’s own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid or to save a whale.”

The Pollution Exclusion now contains an exception for manure as it’s useful as fertilizer. Take that Wilson Mut. Ins. Co. v. Falk, 857 N.W.2d 156 (Wis. 2014) and Wakefield Pork, Inc. v. RAM Mut. Ins. Co., 731 N.W.2d 154 (Minn. Ct. App. 2007) and Dolsen Cos. v. Bedivere Ins. Co., No. 16-3141, 2017 U.S. Dist. LEXIS 151057 (E.D. Wash. Sept. 11, 2017).

The “Your Work” Exclusion does not apply to an insured’s work involving Eco treated wood.

The Liquor Liability Exclusion contains an exception for furnishing alcohol to someone, over 100 years old, who attributes their longevity to drinking one glass of red wine per day.

The self-defense exception, to the Expected or Intended Exclusion, has been amended and now reads as follows: “‘Bodily injury’ or ‘property damage’ expected or intended from the standpoint of the insured. This exclusion does not apply to ‘bodily injury’ resulting from the use of reasonable force to protect persons from eating vegetables sprayed with pesticides.”

The Who is an Insured section is expanded to include the following: 1. If you are designated in the Declarations as: f. A food cooperative, you are an insured. Your members are also insureds, but only with respect to the conduct of your business and while wearing Birkenstocks.

Late notice is excused if the reason for the delay is that someone prevented any carbon emissions by walking to hand-deliver the claim to the insurer.

“Other Insurance” clause is now simpler: “If there’s other insurance we’ll all just get together at Whole Foods, have some kale, and figure out how to share it fairly.

That’s my time. I’m Randy Spencer. Contact Randy Spencer at



I’ve always wanted to write that.

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