Pesticide or Herbicide Applicator Coverage

Normally there is a pollution exclusion in a liability insurance policy that states that the insurance does not apply to bodily injury or property damage rising out of the discharge, dispersal, release, or escape of smoke, vapor, soot, fumes, acids, alkali’s, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants, or pollutants into or on land, the atmosphere, or any watercourse or body of water. However, pesticide or herbicide applicator insurance affords coverage to the named insured in the following situations:

  • Where such discharge, dispersal, release, or escape is sudden and accidental, or
  • If the operations of the named insured are being conducted away from premises owned by or rented to the named insured and the bodily injury or property damage occurs away from such premises, and if such operations meet all standards of any statute, ordinance, regulation, or license requirement of any federal, state, or local government having application to such operation.