When insurers introduced the new CGL environmental exclusions in 1986, risk managers protested that the exclusion was drafted so strictly that it would even exclude cover for occupants of premises such as hotels or shopping malls, who were injured or overcome by smoke or fumes from a building fire.
They pointed out that hotel occupants were more likely to be harmed by smoke inhalation than by the fire itself. Insurers agreed and re- drafted the exclusion to include the "hostile fire" wording with which we are familiar.
The "hostile fire" feature was designed to address the concern about building occupants, rather than the results of an industrial fire which spreads contaminants into the surrounding community.
Please also note: Contaminants may also escape from a fire site with the run-off from sprinkler and fire-fighters water. This water often contains ash and partially combusted material which may be highly toxic. In an industrial fire, fire-fighters may recapture or contain some of this contaminated water to avoid polluting nearby waterways and sewers. The hostile fire feature applies only to smoke and fumes - no cover applies for this form of contamination.
The policy still covers the spread of fire, for example if a fire spreads from the insured's premises to burn adjacent property.
The policy also covers explosion damage, such as windows in adjacent property shattered by an explosion shock wave.
The hostile fire feature provides no cover if the fire arises from waste or recyclable materials, from a waste site, or from construction operations to handle the clean-up of such wastes or contaminants. This exclusion for waste material applies to ALL waste, not just hazardous waste. Even office paper or packing material waste will trigger the exclusion.
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