Is Cannabis Intoxication impairment excluded?

  • No, the available coverages do not have an impairment exclusion. Cannabis Intoxication Liability is built into the policy form by endorsement.
  • Other forms available on the market include iImpairment or “Intended Effects Exclusion”, which often take various forms:
    • Impairment Exclusion: Excludes “any claim or suit for “bodily injury”, “property damage” or “personal and advertising injury” for which any insured may be held liable by reason of Causing or contributing to the intoxication or impairment of any person who operates, maintains or uses any “auto”, “mobile equipment” or other motorized vehicle of any type”.
    • Intended Effects Exclusion: “‘Bodily injury’ shall not include either (1) expected or intended effects of smoking, ingestion or consumption of ‘marijuana’, ‘cannabis’ or ‘products containing cannabis’…”