Electromagnetic Field Insurance Policy Exclusions

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Electromagnetic Field Insurance Policy Exclusion Are The Standard

Electromagnetic Fields Are Covered in “Pollutant” Policy Enhancements

Due to the high risk that electromagnetic (EMF) field exposure poses, most insurance companies do not cover electromagnetic fields and have very clear “electromagnetic field exclusions.” EMFs are classified as a “pollutant” alongside smoke,  chemicals and asbestos. If you want insurance that will cover EMFs you have to purchase additional “Pollution Liability” or “Policy Enhancement” coverage.

“The Electromagnetic Fields Exclusion (Exclusion 32) is a General Insurance Exclusion and is applied across the market as standard. The purpose of the exclusion is to exclude cover for illnesses caused by continuous long-term non-ionising radiation exposure i.e. through mobile phone usage.” CFC Underwriting LTD in London, the UK agent for Lloyd’s

See examples of “electromagnetic field policy exclusions” and of “pollution liability” policies which do cover- at additional cost- electromagnetic fields. Please be sure to scroll down to the end to see videos and other insurance documents that discuss the risk of EMF exposure.


California State University Risk Management Authority (CSURMA) Self Insured Program

“We will not pay for loss or damage caused by or resulting from any of the following:

Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with any: (1) Electrical or electronic wire, device, appliance, system or network; or (2) Device, appliance, system or network utilizing cellular or satellite technology. But if fire results, we will pay for the loss or damage caused by that fire if the fire would be covered under this coverage form.

For the purpose of this exclusion, electrical, magnetic or electromagnetic energy includes but is not limited to: (1) Electrical current, including arcing; (2) Electrical charge produced or conducted by a magnetic or electromagnetic field; (3) Pulse of electromagnetic energy; or (4) Electromagnetic waves or microwaves. “

 

Portland Public School Insurance: GENESIS INSURANCE COMPANY

Pg 30.” Exclusions: This insurance does not apply to:

Bodily injury, personal injury, advertising injury, or property damage arising directly or indirectly out of, resulting from, caused or contributed to by electromagnetic radiation, provided that such loss, cost or expense results from or is contributed to by the hazardous properties of electromagnetic radiation. This includes any costs for the actual or threatened abatement, mitigation, or removal.”

Coverage Part B School Board Legal Liability: Various provisions in this Coverage Part restrict coverage. Read the entire Coverage Part carefully to determine rights, duties and what is and is not covered.

Pg 48 Exclusions: This insurance does not apply to any loss:

“8. Bodily injury, personal injury, advertising injury, or property damage arising directly or indirectly out of, resulting from, caused or contributed to by electromagnetic radiation, provided that such loss, cost or expense results from or is contributed to by the hazardous properties of electromagnetic radiation. This includes any costs for the actual or threatened abatement, mitigation, or removal.

Cost or expense arising directly or indirectly out of, resulting from, caused or contributed to by electromagnetic radiation, provided that such loss, cost or expense result from or are contributed to by the hazardous properties of electromagnetic radiation. This includes any costs for the actual or threatened abatement, mitigation, or removal.”

 

NATIONAL RIFLE ASSOCIATION OF AMERICA Carry Guard™ Declarations and Policy Illinois Union Insurance Company is a Chubb® Company

“This insurance shall not apply to…S. Pollution, and 1. any claim relating to the actual, alleged or threatened discharge, dispersal, release or escape of “pollutants” however caused or whenever or wherever happening;

or 2. any request, demand or liability to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize “pollutants”, whether or not any of the NRA (SECTION 1m) 05 17 Page 5 of 10 foregoing are or should be performed by the “individual insured member” or by others.”

“Pollutants” means any electromagnetic transmission or fields, or any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalies, chemicals and wastes, including medical waste. Waste also includes materials to be recycled, reconditioned or reclaimed.

Canadian ProSurance Architects & Engineers Policy

In 2015 The General Exclusions section of their Canadian ProSurance Architects & Engineers Policy Document places EMF on the same footing as Asbestos: a total exclusion on liability for all EMF radiation.

“GENERAL INSURANCE EXCLUSIONS: Electromagnetic fields directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise.”

Updated Zurich Community Care Liability Insurance

“We will not pay anything under this policy, including claim expenses, in respect of: Electromagnetic fields any liability of whatsoever nature directly or indirectly caused by, in connection with or contributed to by or arising from electromagnetic fields (EMF) or electromagnetic interference (EMI)”

 

BIICL Product Liability Forum Insurance Perspectives on Product Liability

 

“Standard: Pollution, Asbestos, Electromagnetic fields

Due to potentially catastrophic losses and high clean up costs, product liability insurance contracts frequently exclude, whether partially or completely, the insured’s liability for asbestos, pollution and contamination, radiation and electromagnetic fields.

 

Most UK product liability insurance contracts implement the wording, either in its original or an adapted form, recommended by the Association of British Insurers to exclude liability for gradual pollution or contamination (such as long standing leaks from pipes or tanks).

 

This wording excludes all liability for pollution or contamination other than that caused by “a sudden identifiable unintended and unexpected incident   which takes place in its entirety at a specific time and place during the period of insurance”.

 

South China Insurance Commercial General Liability Insurance Electrical/Electromagnetic Field/Radio Frequency Radiation (EFL/EMF/RFR) Exclusion Clause 101.07

“This exclusion applies, but is not limited, to any injury, damage, expense, cost, loss, liability or legal obligation to test for, monitor, abate, weaken, control or take any other remedial action with respect to EMF’s , EFL’s or RFR’s. “

 

ICW Group Exclusion Clause

“Electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with electrical or electronic wire, device, appliance, fixture, system or network. For the purposes of this exclusion, electrical, magnetic or electromagnetic energy includes, but is not limited to: a. Electrical current, including arcing; b. Electrical charge produced or conducted by a magnetic or electromagnetic field; c. Pulse of electromagnetic energy; or d. Electromagnetic waves or microwaves;”

 

REINS American Institute of Marine Underwriters LIABILITY EXCLUSION CLAUSE (2015)

“Health Hazard or Occupational Disease as defined in the original policy. In the absence of these terms being defined in the original policy, they shall be defined cumulatively as follows: C7.1. Any loss, damage, injury or expense directly or indirectly caused by or arising out of: asbestos; tobacco; coal dust; polychlorinated biphenyls; silica; silicosis; benzene; lead; talc; dioxin; mold; pesticides or herbicides; electromagnetic fields; pharmaceutical or medical drugs/products/substances/devices; or any substance containing such material or any derivative thereof.”

 

SUN General Insurance

“This policy does not cover any liability, loss, cost or expense directly or indirectly arising out of, resulting from, caused or contributed to by exposure to magnetic electric or electromagnetic fields or radiation however caused or generated.”

 

Great American Insurance Group – A Special Environmental Liability Insurance Policy Is needed to cover electromagnetic radiation

“This insurance covers bodily injury, property damage, legal expenses and clean-up costs resulting from pollution conditions associated with a covered location on a claims-made basis.”

“The definition of pollutants includes mold, legionella, electromagnetic fields and methamphetamines.”

A&M Insurance for Medical Professionals – No Coverage for Electromagnetic Fields

“GENERAL INSURANCE EXCLUSIONS: Electromagnetic fields directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise.”

AT&T Mobile Insurance

AT&T Does Not Cover Damage Caused by Pollutants, Now Including Electromagnetic Fields

“Exclusions:

  1. Loss caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of Pollutants
  2. “Pollutants” means: Any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, sound waves, microwaves, and all artificially produced ionizing or non- ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.” (pg. 4)

Penn National Insurance, “Commercial Liability Umbrella Coverage Form”

“Bodily injury” or “property damage” arising out of any liability loss, cost or expense directly or indirectly arising out of, or resulting as, a consequence of “electromagnetic radiation”.

Abu Dhabi National Insurance Company Workman’s Compensation Insurance Policy

“Other Exclusions: Any claim bringing of or attributed to electromagnetic fields…”

The Hartford, “EXCLUSION – ELECTROMAGNETIC HAZARD”

“The following exclusion is added: This insurance does not apply to: Electromagnetic Hazard….”

Mutual of Enumclaw Policy Changes, Edition 9-96 – Pollution Exclusions

“Pollutant or pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including:

  1. smoke, vapor, -soot, fumes, acids, alkalis, chemicals;
  2. radioactive matter, including electromagnetic fields or electromagnetic radiation;
  3. petroleum, or petroleum products in any form;
  4. asbestos or substances containing asbestos;
  5. lead or substances containing lead;
  6. waste, including materials to be recycled, reconditioned or reclaimed.”

Verizon  Insurance: Protects The Phone But Not the Person

“Coverage Excludes Pollution.”

Pollution is defined as “The discharge, dispersal, seepage, migration, escape or presence of pollutants. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, sounds waves, microwaves, all artificially produced ionizing or non-ionizing radiation and/or waste.”

Pollution Liability Policies

New Day Underwriting  CCONTRACTOR’S POLLUTION LIABILITY

Contractor’s Pollution Liability (CPL) is intended to provide pollution liability coverage for any type of contracting operation. … Broadened definitions of pollution conditions to include mold, bacteria, viral matter, electromagnetic fields (EMF) and biological waste.

Vanner Specialty Risk,  Vanner Insurance Agency, Pollution Liability Coverage Options

Additional Policy Enhancements

Pollutants broadly defined including:

  • Fungus & Legionnaire’s Disease, Electromagnetic Fields, Low Level Radioactive Material, Medical & Infectious Wastes

Delta Insurance Environmental & Pollution Liability Insurance for Service Industries

“Pollution incident means the discharge, emission, seepage, migration, dispersal, misdelivery, release or escape of: a. any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals, hazardous substances, petroleum hydrocarbons, medical, infectious and pathological waste; b. low level radioactive waste; c. microbial matter; d. legionellapneumophila; e. medical waste; and f. waste materials; and, g. electromagnetic fields;”

Federated Electromagnetic Field Liability

“Federated offers an Electromagnetic Field Liability policy to provide coverage for this exposure that is unique to rural electric utilities.

Electromagnetic Field Liability coverage specifically insures the member utility for any bodily injury, property damage or devaluation of real estate that results from electromagnetic field lawsuits.

Standard Features provided by Federated’s Electromagnetic Field Liability policy include:

  • Claims-made coverage
  • Coverage for devaluation of real estate
  • No deductible for claims other than devaluation of real estate
  • Devaluation of real estate carries a $10,000 deductible”

MARSH: ELECTRONIC MAGNETIC FIELDS RISKS AND EXPOSURES AND POTENTIAL INSURANCE COVERAGE

“In Marsh’s experience the London markets are generally mixed in their approach to EMFs. Some will not provide any cover at all if a client has even a remote exposure but will remain silent i.e. providing insurance coverage by not excluding EMF risks from current insurance policies in all other instances. Others will only remain silent and never offer positive insurance cover or will provide positive cover ex US or remain silent across the board depending on the risk. This situation has not changed for several years. Although the insurance situation depends on the industry sector and details of the exposure, in general, cover is available in the London market on a claims-made, annual aggregate limit (with costs included in the limit) basis.”

 

Commercial property changes: The CSR Advisor October 2008 Edition

“Under the revised forms, the insurer will not pay for damage caused by artificially generated electrical, magnetic, or electromagnetic energy that damages, disturbs, disrupts, or otherwise interferes with any electrical or electronic wire, device, appliance, system, or network or any such device, etc., utilizing satellite or cellular technology.

 

“Electrical, magnetic, or electromagnetic energy” includes electrical current, including arcing; electrical charge produced or conducted by a magnetic or electromagnetic field; pulse of electromagnetic energy; or electromagnetic waves or microwaves. The insurer will continue to pay for any loss caused by fire that results from any of these. “

Insurance Materials on Mitigating Risk

Central Mutual Insurance Company

In the video below, Central Mutual Insurance Company reviews the risks of cell tower radiation.

The Radiofrequency (RF) Radiation Awareness Program for the Construction Industry
By The Center for Construction Research and Training

Aware of the risks of cell tower radiation and other safety issues related to loose safety regulations, The Center for Construction Research and Training together with the Roofing r2p Partnership and the RF Radiation Work Group, have developed the Radiofrequency (RF) Radiation Awareness Program for the Construction Industry, intended to raise construction contractors’ and workers’ awareness of the potential risk, how to identify the hazard, and steps to work safely.

Powerpoint Presentation: Radiofrequency (RF) Radiation Awareness Program for the Construction Industry Overview

Hazard Alert Card: RF Radiation – An invisible danger (available in Spanish)

Full details of the program are found at The Center for Construction Research and Training Website.

Read the Safety and Health Magazine article on the Program at  Construction safety group aims to raise awareness of RF radiation exposure

Kaiser Permanente Insurance

Kaiser Permanente Insurance has funded research into the area and has posted research results on their website. See below some examples of information they post.

In-Utero Exposure to Magnetic Fields Associated with Increased Risk of Obesity in Childhood, Kaiser Permanente July 27, 2012

“Pregnancy is a critical developmental stage that is among the most vulnerable periods to environmental exposures,” said De-Kun Li, MD, PhD, a perinatal epidemiologist with the Kaiser Permanente Northern California Division of Research in Oakland, Calif., and the lead author of the study. “These findings indicate that electromagnetic fields, from microwave ovens to countless wireless devices, may be contributing to childhood obesity risk. This finding could have implications for possibly reducing childhood obesity and better understanding the obesity epidemic. Like any scientific discoveries, the results need to be replicated by other studies.”

Study Finds Exposure to Magnetic Fields in Pregnancy Increases Asthma Risk, Kaiser Permanente August 1, 2011

“In this study, we observed a dose-response relationship between mother’s MF level in pregnancy and the asthma risk in her offspring. In other words, a higher maternal MF exposure during pregnancy led to a higher asthma risk in offspring,” Dr. Li said.
In this new study, the researchers also found that two known risk factors for asthma, maternal history of asthma and being the first-born child, exacerbated the MF effect on the asthma risk. “This finding further supports the MF-asthma association,” said Dr. Li.

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