Exclusions

Exclusions are specific provisions within an insurance policy that eliminate or limit coverage for certain risks, hazards, circumstances, or property types that would otherwise be covered under the general terms of the policy.

Exclusions form a critical component of any business insurance policy, serving to define the boundaries of coverage and clarify what the insurance company will and will not pay for in the event of a claim.

They effectively narrow and refine the broad protections outlined in the insuring agreement section of your policy.

Understanding these limitations is just as important as knowing what is covered, as exclusions directly impact your financial protection and risk management strategy.

In practical terms, exclusions operate as contractual stipulations that remove specific types of risks from your coverage. Some exclusions are broad, eliminating coverage for a wide variety of claims.

For example, most commercial auto policies won’t protect your business if you negligently allow an unqualified driver to operate one of your company vehicles.

Other exclusions are narrower and apply only under particular circumstances, such as a vacancy exclusion that eliminates coverage for damage to buildings that have been unoccupied for over 60 days.

Insurance providers include exclusions for several practical reasons.

First, they help keep premium costs affordable. If insurers had to cover every possible risk regardless of likelihood or severity, policy prices would be prohibitively expensive.

Second, some risks are simply too catastrophic or unpredictable for standard coverage, such as acts of war or nuclear hazards.

Third, exclusions help insurance companies avoid covering issues that should be addressed through regular maintenance or compliance with laws and regulations, like wear and tear or intentional illegal activities.

For business owners, understanding the exclusions in your policies is a necessary aspect of effective risk management. You can typically locate exclusions in sections labeled “Exclusions,” “Property Not Covered,” or “Losses Not Covered” within your policy documents.

While some exclusions are fixed and non-negotiable, many can be modified or eliminated by purchasing additional coverage through endorsements or separate specialty policies.

This flexibility allows you to tailor your insurance protection to address your business’s specific risk profile and operational needs.

Exclusion Examples

Example 1: The Restaurant with Water Damage

Maria owns a popular Italian restaurant in Chicago. One weekend, heavy rains cause the nearby river to overflow, resulting in eight inches of water flooding her restaurant’s dining area and kitchen.

The water damages her hardwood floors, restaurant furniture, and some kitchen equipment, resulting in $75,000 in damages and forcing her to close for two weeks during repairs.

When Maria files a claim with her commercial property insurance provider, she’s shocked to discover that her policy contains a flood exclusion.

Despite having comprehensive property insurance, this specific exclusion means her insurer won’t cover any of the flood-related damages.

Had Maria previously reviewed her policy’s exclusions, she might have purchased separate flood insurance or an endorsement to cover this specific risk, especially given her restaurant’s proximity to a river.

Instead, she must pay for all repairs out-of-pocket and absorb the lost income from the temporary closure.

Flood insurance is often available through the National Flood Insurance Program (NFIP) or private insurers as a separate policy, rather than just as an endorsement.

Example 2: The Software Company and Professional Error

TechSolutions, a small software development firm, creates custom inventory management software for a retail client.

Six months after implementation, the client discovers that the software contains a calculation error that has caused inventory discrepancies, resulting in approximately $150,000 in financial losses. The client sues TechSolutions for negligence and damages.

TechSolutions’ owner, James, assumes their general liability insurance will cover the lawsuit. However, upon reviewing the policy with his broker, he discovers a professional services exclusion that specifically excludes coverage for claims arising from errors, omissions, or mistakes in the professional services they provide.

This exclusion exists because professional liability risks should be covered under a separate policy which TechSolutions hadn’t purchased. The appropriate coverage would be Professional Liability Insurance (also called Errors & Omissions or E&O insurance), which is designed specifically for professional service providers.

Had James understood this exclusion before the incident, he would have secured appropriate professional liability coverage to protect against such claims. Now, his company faces significant financial exposure from the lawsuit.

Benefits and Challenges

Awareness of exclusions allows you as a business owner to identify potential coverage gaps and take proactive steps to address them through additional policies or risk management practices.

This helps you make informed decisions about which risks to self-insure versus transfer to an insurance company, potentially saving money on unnecessary coverage.

Familiarity with exclusions can streamline the claims process, as you’ll have realistic expectations about what your policy covers and avoid the frustration of denied claims for excluded events.

There is always potential for unexpected financial exposure if you haven’t thoroughly reviewed and understood your policy’s exclusions. Many business owners discover coverage gaps only after suffering a loss, when it’s too late to secure additional protection.

The complex language used in insurance policies can make exclusions difficult to interpret without professional assistance. As your business evolves, previously acceptable exclusions might create new vulnerabilities that require regular policy reviews and updates.

Finally, addressing excluded risks through additional coverage or endorsements typically increases your overall insurance costs, which requires careful cost-benefit analysis.

In general, exclusions can vary significantly between insurance carriers and policy forms, even for the same type of coverage. Some exclusions exist because the risk is covered under a different type of policy (as in the professional services example), which helps prevent overlapping coverage.

Did You Know?

Many business owners assume that exclusions are set in stone, but did you know that some exclusions can be modified or removed through endorsements?

For example, if your general liability policy excludes coverage for damage caused by subcontractors, you can often purchase an endorsement to include this protection.

Similarly, exclusions for risks like equipment breakdown, cyberattacks, or employee dishonesty can frequently be addressed by adding specialized policies or riders.

This flexibility allows businesses to customize their insurance coverage to better suit their unique needs, making exclusions less of a barrier and more of an opportunity for tailored risk management.

Common Exclusions in Business Insurance Policies

Exclusion TypeDescriptionExample
Natural DisastersExcludes coverage for floods, earthquakes, hurricanes, and other catastrophic events.A business in a flood-prone area must purchase separate flood insurance to cover water damage.
Intentional ActsLosses resulting from deliberate or criminal actions by the insured or employees are excluded.Fraudulent activities like embezzlement committed by an employee are not covered.
Wear and TearGradual deterioration or maintenance-related issues are excluded from coverage.A leaking roof due to age is not covered under commercial property insurance.
PollutionDamage caused by pollution or contamination is excluded unless explicitly covered.Cleanup costs for chemical spills at an industrial site are typically excluded.
Acts of War or TerrorismDamage caused by war, terrorism, or similar hostile acts is excluded from standard policies.Losses from a bio-chemical attack would require specialized terrorism coverage.
Employee InjuriesInjuries sustained by employees are excluded from general liability policies, covered by workers’ compensation instead.An employee injured while lifting heavy equipment is covered under workers’ compensation, not general liability insurance.
Professional ServicesClaims arising from errors or negligence in professional services are excluded.A consulting firm must purchase Errors & Omissions (E&O) insurance for professional mistakes.
Illegal ActivitiesLosses related to illegal actions are excluded from coverage.Fines or penalties incurred due to non-compliance with regulations are not covered.
VacancyDamage to properties left vacant for extended periods is excluded unless additional coverage is purchased.A vacant building damaged by vandalism may not be covered under standard property insurance.

Sources and further reading

All You Need to Know About Business Insurance Exclusions
What Is a Business Insurance Exclusion? – Zensurance
What Are Some Common Exclusions on Commercial Policies?
Essential Guide: Understanding Business Insurance Exclusions for Omaha Entrepreneurs
7 Common Exclusions Found in CGL Policies – KASE Insurance
Exclusions and Limitations in Business Insurance Policies
Understanding Business Insurance Exclusions | biBerk
8 Common Exclusions in Commercial Property Insurance
Exclusions: What Your Cyber Policy Does Not Cover
Professional Services Exclusion – IRMI
Can you explain the ‘your work’ exclusion on my general liability