CANNABIS BUSINESSOWNERS
POLICY AVAILABLE ENDORSEMENTS AND THEIR USES
(December 2024)
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This list identifies endorsements available to modify the American
Association of Insurance Services (AAIS) Cannabis Businessowners Policy. It is
arranged by form number and title and briefly describes and explains how each
endorsement is used. It does not include any state
specific endorsements, changes, or amendments.
The ten-digit numbering
sequence of AAIS forms and endorsements has a very specific meaning:
A combination of BP and
CB endorsements are filed for use with this program.
This endorsement
restricts coverage. It limits the liability coverage the Businessowners Policy
provides to only the premises or project on the endorsement schedule.
This endorsement is used to increase
business personal property limits for the time periods on the endorsement
schedule.
Note: It is very important to consider the
seasonal increase that the Businessowners Policy provides automatically under
How Much We Pay when selecting the appropriate limit for this endorsement.
Related Article:Peak Season
Coverage
This endorsement is
used when sprinkler leakage that an earthquake causes
is the only earthquake coverage desired.
The endorsement is used
when the insurance company issues a policy with a term of more than one year.
It notifies the named insured that the company will recalculate the premium on each anniversary date. The company will also
add any new and revised policy forms and endorsements at the same time.
This endorsement is
used to make miscellaneous changes to the policy that other endorsements cannot
do. These changes should not involve coverage or premium considerations.
This endorsement provides a percentage
deductible approach to windstorm or hail loss or damage to covered property at
locations on the endorsement schedule. The rules specify that the percentage
options available are 1%, 2%, or 5%. The minimum deductible is $1,000 per
occurrence.
Related
Article:
Windstorm or Hail–A Discussion
This endorsement was
previously named Utility Interruption–Time Element. It covers loss of earnings
and extra expenses incurred because of a disruption
of covered listed utility service or services to locations on the endorsement
schedule. A covered peril must cause the disruption.
Related
Article:
Utility Services Coverage
This endorsement
excludes liability coverage for losses that result from direct or indirect
contact with fungus or related perils. It has exceptions for specific food-producing risks, farm workers and for
losses due to slippery surfaces because a fungus or related peril exists or is
present.
This endorsement
excludes liability coverage for injury or damage due to contact with fungus or
related perils when coverage is written on contracting operations. It does not
have any exceptions.
This endorsement can be
used in place of BP 0676–Exclusion–Fungus or Related Perils. It provides
limited coverage for damages the named insured must pay for bodily injury or
property damage that results from any contact with fungus or related perils. It
has exceptions for specific food-producing
risks and farm workers. An occurrence limit and an aggregate limit must be
entered on the endorsement schedule.
This endorsement
applies to property coverage. It establishes the rights, requirements, and
conditions for loss payments to loss payees, lenders' loss payees, and parties
to a contract of sale.
This endorsement covers
buildings under construction listed on the endorsement schedule. The limit of
insurance entered should be 100% of the building's projected completed value. This
coverage is similar to the coverage that Builders’
Risk Coverage Forms provide.
Related
Articles:
CP 00
20–Builders’ Risk Coverage Form Analysis
AAIS Builders'
Risk Coverage Forms
ISO Builders’
Risk Coverage Form
This endorsement
excludes all liability for bodily injury, property damage, and personal and
advertising injury arising out of the ownership, maintenance, or use of the
designated premises or operations on the endorsement schedule.
Note: This endorsement should
be used only when those operations or premises are insured elsewhere because this endorsement and others like it are
frequently challenged when a major incident occurs.
This endorsement limits
contractual liability coverage to only the five covered contracts or agreements
listed on the endorsement. It eliminates the Businessowners Policy’s broad
definition of covered contracts.
This endorsement
establishes the provisions for the Supplemental Extended Reporting Endorsement
for Employee Benefits Liability coverage. It is used when the named insured
decides to purchase the extended reporting period detailed in BP 0728–Coverage
E–Employee Benefits Liability Coverage–Claims-Made Basis. This is an unlimited
time extension and provides an additional limit of insurance for claims made
during the reporting period.
This endorsement
applies to only the products/completed work hazard. It waives the insurance
company’s rights of recovery against the party(ies) or organization(s) on the
endorsement schedule. The waiver applies to such injury or damage that arises
out of the named insured's ongoing work or work it does under contract for that
party or organization.
This endorsement deletes Coverage
M–Medical Payments for the scheduled classification or premises location on the endorsement schedule. It
provides first aid supplementary coverage as a substitute.
This endorsement
changes the General Aggregate Limit to apply separately to each location the
named insured owns or rents as the endorsement defines location.
Related Article:
Terrorism–American Association of Insurance Services (AAIS) Forms
Related Article:
Terrorism–American Association of Insurance Services (AAIS) Forms
This endorsement can be used in place of
mandatory BP 0798. It excludes only personal and advertising injury loss due to
data breach liability, which means that bodily injury and property damage
losses are covered. An additional premium is required when this endorsement is
used.
This endorsement defines silica and
excludes all liability exposures of silica and silica-related dust.
This endorsement excludes coverage for
liability exposures associated with asbestos and asbestos-related products.
This is a property endorsement that can be used to designate the building
owner scheduled on the endorsement as an additional insured. It requires that
any property loss be adjusted with both
the named insured and the building owner.
This endorsement excludes direct or indirect bodily injury, property
damage, or personal and advertising injury due to the alleged or actual
transmission of communicable diseases by people, an insured's property and
products, or property of others in its care, custody, or control. It also
excludes loss, cost, or expenses due to any requirement that results from
communicable diseases or conditions attributed to those diseases.
This endorsement is identical to BP 0858–Exclusion–Communicable Disease
except that it does not apply to the alleged or actual transmission of a
communicable disease by any product intended for consumption by, or to be
topically applied to, animals or humans.
This is a liability endorsement. It is used to exclude bodily injury and
personal and advertising injury to the insureds that receive their status as
insureds based on the type of business listed on the declarations.
Note:
This means there is no coverage if a partner sues another partner or if a stockholder sues
an executive officer.
Note: Many of these endorsements are similar to those used with the BP 0100 and 0200. When not
specifically noted the changes are due to differences in policy construction
rather than coverage differences. Examples are that the paragraph numbering
used, references made to BP 0100 or BP 0200 within the endorsement and similar
items.
Under Property Not Covered Item 4.a.,
cannabis that this not traceable under a cannabis activity tracking is not
covered. This endorsement removes that restriction, but other significant
restrictions on cannabis remain.
The outdoor signs described on the
endorsement schedule are covered up to their listed limit. This is similar to the Optional Outdoor Sign Coverage available
under the standard AAIS BOP.
Employee Dishonesty Coverage,
Counterfeit Money or Money Orders Coverage, Forgery Coverage and Money and
Securities Coverage can be provided when this endorsement is attached. CB
1705–Crime Schedule – Specific Limits must be attached when the endorsement is
used to schedule the coverages, limits, and
locations that apply. If coverage is not written on a blanket basis, CB
1706–Crime Schedule – Covered Locations must also be attached.
This schedule shows the selected
coverages and limits applicable to the crime coverages described in CB
1704–Crime Coverage – Loss Sustained Coverage.
When CB 1705 states that crime coverage
is on a schedule location basis, this endorsement must be attached.
When a food contamination incident
happens, immediate action is required. This endorsement pays the costs of the
clean-up and the testing and vaccinating of employees. It also pays for the lost
earnings, starting 24 hours after the event, and the cost of the food that must
be destroyed. Once the named insured is ready to return to operations, an
advertising campaign may be needed to encourage customers to return, so this
coverage also pays for the costs of such a campaign. There is no coverage for
contamination of cannabis that violates local or state laws, rules, ordinances
or regulations.
This endorsement covers
loss or damage to perishable stock or merchandise caused by the perils of
breakdown and contamination and/ or power disruption for the limit(s), perils,
and deductible(s) on the endorsement schedule.
This endorsement
insures loss or damage to covered property that earthquake and volcanic
eruption causes. This is not the same as the earth movement exclusion. This
endorsement removes only the earthquake and volcanic eruption portion of that
exclusion. Coverage applies to all covered locations because the endorsement
does not have a schedule.
This endorsement buys
back the part of the water exclusion that excludes overflow and backup of
sewer, drains, sump pumps, and similar equipment. It can be used for direct
damage and/or loss of income. Coverage applies at locations and for the type of
property, coverage(s), and limits on the endorsement schedule.
This endorsement is a
buyback for some of the computer data coverage the Businessowners Policy
excludes. It provides three types of coverage in a prescribed manner for the
benefit of employees, clients, and other designated insureds whose personal
information was compromised.
This endorsement was
previously named Utility Interruption–Property Damage. It covers loss or damage
to covered property that occurs because a covered specific utility service or
services to locations on the endorsement schedule is disrupted. A covered peril
must cause the disruption of utility service.
Related Article:
Utility Services Coverage
This endorsement is a
warranty that the protective devices on the endorsement schedule will always be
in proper working condition. A credit is provided for
such devices. If they are not working at the time when an otherwise covered
fire or theft loss occurs, there is no coverage for that loss.
This endorsement excludes loss due to
windstorm or hail in their entirety. The only exception is when the windstorm
or hail results in a covered peril. The damage from that covered peril would be
covered but not the hail or windstorm damage.
This exclusion applies only for damage to roof materials caused by windstorm or hail.
All coverage for damage that is considered only cosmetic is excluded. Such
damage is covered only if the property is unable to stop the entrance of rain,
hail, or other elements.
This endorsement
excludes loss caused by theft of business personal property. Ensuing losses
that a specified peril causes are covered. However, it does not exclude
pillaging or looting that takes place when the civil commotion or riot takes
place.
This endorsement covers
damages due to injuries to employees caused by the named insured’s negligent
act, error, or omission committed in
administering an employee benefit program.
Related
Article:
BP 0728–Coverage E–Employee
Benefits Liability Coverage–Claims-Made Basis
This endorsement adds
Coverage F–Employment Practices Liability. It has its own coverage description,
definitions, exclusions, and other conditions.
Related
Article:
BP 0623–Employment Practices
Liability–Claims-Made Basis
This endorsement is
used when the named insured purchases the three-year extended reporting period
specified in BP 0623–Employment Practices Liability–Claims-Made Basis. It
provides an additional limit of insurance for claims made during the reporting
period.
This endorsement broadens coverage for property damage for which the
named insured is legally liable to apply to the premises on the endorsement
schedule. It applies only if it rents the premises from the owner or occupies
the premises with the owner's permission. It eliminates the more limited
Coverage O–Fire Legal Liability and short-term
rented premises coverages. It eliminates most property damage exclusions for
the scheduled premises. As a result, it provides almost first-party type
coverage for the property, except that it covers only damages for which the
named insured is legally liable. The limit per occurrence on the endorsement
schedule is subject to the policy aggregate limit.
This endorsement
extends the Businessowners Policy's bodily injury and property damage liability
coverages under Coverage L to apply to non-owned and/or hired auto situations
listed on the endorsement schedule. Specific exclusions that are related to
cannabis apply.
This endorsement is identical to BP
0333–Non-Owned Auto Liability Coverage/Hired Auto Liability Coverage with two
changes:
Specific exclusions
that are related to cannabis apply.
An
exception is added to Additional Liability Exclusion 5. Cannabis Inhalation and
Exposure Liability. The exclusion does not apply if the reason for cannabis
being inhaled or persons being exposed to it was
because of property damage. However, the property damage must be covered in the
Property Coverages portion of this BOP.
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Example: A fire at Mary Jane Dispensary produces a
significant amount of smoke. Patty, a young girl, inhales a substantial amount
of the smoke and must be hospitalized. Patty’s mother sues Mary Jane for
Patty’s injuries, and Mary Jane’s BOP responds because this endorsement is
attached. |
This endorsement
deletes Coverage P–Personal and Advertising Injury.
This endorsement
excludes bodily injury, property damage, or personal and advertising injury due
to the actual or threatened abuse or molestation of anyone who is in an
insured's care, custody, or control. There is also no coverage when allegations
are made that the named insured improperly managed the person who allegedly
committed the abuse or how it responded to such actions or allegations.
The wording of this
exclusion is similar to that used within the BP 0200.
This endorsement amends the pollution exclusion to cover short-term
pollution events that begin at an identified place during the policy period and
completely end at a precise time not more than 48 hours later. As a condition
of coverage, the
named insured must inform the insurance company of the event as soon as
possible but not more than 14 days after it ends.
This
endorsement amends the pollution exclusion by adding an exception. Coverage
applies to injury or damage that arises from the use of the pollutants listed on the endorsement schedule. However,
coverage applies only if the named insured uses the pollutants as part of its
operations. Coverage does not apply to the same pollutants when they are
transported, handled, stored, treated, disposed of, processed as waste, or
transported or stored for others.
This endorsement removes all exceptions
in the pollution exclusion.
This endorsement was previously named
Total Pollution Exclusion–With Exceptions for Heating Equipment and Hostile
Fire. It is identical to BP 0748–Total Pollution Exclusion except that it does
not apply to bodily injury or property damage that arises from heat, smoke, or
fumes from a hostile fire or fumes or vapor from heating, cooling, or
dehumidifying equipment, or equipment to heat water.
This endorsement amends the pollution
exclusion to provide coverage at premises or jobsites,
except with respect to underground tanks. The coverage provided is subject to
the 12-month aggregate limit on the endorsement schedule.
This endorsement
changes the definition of a covered
contract with respect to leases of premises to include only the lease for the
premises on the endorsement schedule and its adjoining ways.
This endorsement
redefines employee. It removes leased workers as employees but only with
respect to exclusion k., Workers Compensation, under bodily injury and property
damage liability. This means this exclusion does not apply to the leased employee, so if a leased worker is
injured while he or she performs duties for the named insured and sues the
named insured, coverage may apply, provided no other exclusion would apply.
All
other uses of the term employee, as used elsewhere in the policy, continue to
include leased workers as employees. This could be useful when the contract
between the named insured, and its leased employee
provider requires that the provider cover workers compensation benefits.
This endorsement
deletes all references to volunteer workers as insureds in the Businessowners
Policy’s liability coverages.
This endorsement amends
the definition of covered contract to delete coverage for an additional
insured's sole negligence. Coverage applies only if the named insured or
another party that acts for the named insured causes the
bodily injury or property damage.
This endorsement adds
the vendor on the endorsement schedule as an additional insured but for only
for the liability that arises from the products listed on the endorsement
schedule. The products must be considered the named insured’s products and the vendor must handle, sell, or distribute the
products. A change is made to the Cannabis Use, Inhalation or Exposure
exclusion so that it applies when a designated vendor has care, custody or
control of cannabis.
This endorsement was previously
Additional Insured–Newly Acquired Organizations. It adds the named insured's newly acquired or formed organizations as named
insureds, but only if the named insured that acquires it has a majority interest in them. It does not apply to
joint ventures, partnerships, or limited liability companies.
This endorsement adds
the scheduled party from whom the named insured leases land as an additional
insured. However, coverage applies to only the lessor’s liability arising out
of the named insured's use of the land described on the endorsement schedule.
This is liability only endorsement covers a franchiser as an
additional insured but only for liability that arises because the franchisor
granted a franchise to the named insured.
This endorsement
includes the co-owner on the endorsement schedule as an additional insured but
only with respect to its liability as a co-owner of the premises on the
endorsement schedule.
This endorsement adds
the party to the endorsement schedule as an insured. Coverage applies only to its
liability due to its control, maintenance, or ownership of the scheduled
premises that the named insured leases or occupies or its financial control of
the named insured.
This endorsement adds
the party on the endorsement schedule as an insured but only for its liability
because of its interest in the listed premises as a mortgagee,
assignee, or receiver.
This endorsement adds the state or political subdivision on
the endorsement schedule as an additional insured.
This is only with respect to premises that the named insured owns, controls or
has rented to it for which the agency or subdivision issued a permit. It
applies only to the hazards described.
This endorsement adds the person or
organization named in the schedule as an additional insured. Coverage applies
only if the named insured’s acts or omissions that relate to its premises or
ongoing work in any way caused the injury or damage. Actions or omissions by a party that acts on the named insured’s behalf
that relates to the named insured’s
premises, ongoing work, or other designated interests are also covered.
This endorsement is
used to provide liability coverage for the organization or person that leases
equipment to the named insured. Coverage applies only for injury or damage that
the named insured causes by maintaining, operating, or using the leased equipment
in any way.
This endorsement adds any engineer,
architect, or surveyor the named insured engages as an insured. Coverage
applies only if the named insured’s acts or omissions that relate to its
premises or ongoing work in any way caused the injury or damage. Actions or omissions by a party that acts on
the named insured’s behalf that relates
to the named insured’s premises, ongoing work, or other designated interests
are also covered. Professional services are not covered.
The endorsement adds
the entity on the endorsement schedule as an additional insured but only as the
lessor of the premises listed on the
endorsement schedule that the named insured leases. Coverage applies to only
the named insured’s liability for damages because of injury or damage that its
acts or omissions cause. This also includes acts or omissions of others who
work on the named insured’s behalf for the part of the premises the party
leases to the named insured.