How do I identify a health hazard exclusion in a policy?
One of the most concerning exclusions found in many cannabis policies is a health hazard exclusion.. Health hazard exclusions take various forms and are often hidden in seemingly unrelated policy, including “Specified Disease” exclusions. There are various versions of the exclusion, including the following examples:
- 1. Any claim or ‘suit’ arising directly or indirectly out of, related to, or, in any way involving the actual alleged emergence, contraction, aggravation or exacerbation, or the threat or fear of the emergence, contraction, aggravation or exacerbation, of any form of cancer, respiratory disease, cardiovascular disease, neurological disease, mental illness, birth defect, or cannabinoid hyperemesis syndrome, as a result of the use or consumption of, or exposure to ‘your product’.”
- CCC. to any Claim for, arising out of or resulting form the actual or alleged emergence, contraction, onset, aggravation or exacerbation of any form of cancer, carcinoma, cancerous or precancerous condition, arteriosclerosis, heart condition, respiratory condition, lung disease or heart disease, regardless of the actual or alleged cause or causative factor.
- Another example removes “long-term adverse effects” from the definition of Bodily Injury:
- “’Bodily injury’ shall not include… (2) long-term adverse effects of the smoking, ingestion or consumption of ‘marijuana’, ‘cannabis’, or ‘products containing cannabis’.”