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Cannabis Insurance Coverage Gaps: Hazard for Businesses

11 July 2024 / Category: Blog
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What Are the Coverage Gaps in Standard Insurance Policies for Cannabis Businesses?

It’s a well-known fact that having basic liability coverage is not enough for cannabis businesses involved in cultivation, sales, and distribution. Standard general liability, property, and renter’s insurance policies often exclude critical coverages needed to protect a cannabis operation. These “gaps” in coverage leave businesses vulnerable to commonly occurring incidents that standard policies are not designed to cover.

When Do Cannabis Businesses Realize They Are Underinsured?

With the cannabis industry experiencing exponential growth, many cannabis operations assume they are fully insured by purchasing traditional property policies. Unfortunately, this is often not the case. Businesses typically discover their lack of adequate coverage when filing a claim, only to realize the protection they thought they had is nonexistent (source: Forbes).

Where Are the Common Exclusions in Cannabis Business Insurance?

Product Liability Exclusions

Product liability is a significant concern for cannabis businesses. Policies often exclude “products-completed operations hazard,” which broadly defines “hazard” and can exclude all injury claims arising from the insured’s products.

Common Exclusions:

  • Health Hazard Exclusion: Products causing health hazards, like respiratory diseases, are not covered.
  • Hardware Exclusion: Coverage may not include vape cartridges, batteries, or other hardware associated with cannabis consumption.
  • Carcinogens Exclusion: Products that produce or contain carcinogens are often excluded from coverage for property damage, bodily injury, and personal injury.
  • Impairment Exclusion: Products that can alter mental states are excluded from product liability lawsuits if specified in the policy (source: Inszone Insurance Services).

Auto Policies and Cannabis Transportation

Standard auto policies do not cover the transportation of cannabis. It’s crucial to review coverage options with insurance experts before hiring drivers for cannabis transport. Drivers should also be trained on handling accidents and informing law enforcement about cannabis cargo. Importantly, transporting cannabis across state lines remains illegal under federal law, even if legal in both states (source: NORML).

Equipment Breakdown and Property Coverage

Cannabis businesses may face revenue loss if equipment fails due to mechanical or electrical breakdowns. Standard property policies do not cover such breakdowns caused by power surges, malfunctions, or user errors. Specific equipment breakdown insurance is necessary to ensure quick recovery and minimal operational disruption (source: Journal of Accountancy).

Exclusion of Cannabis Crops

Cannabis crops require specialized insurance coverage for different growth stages. Standard property policies typically exclude crop coverage, necessitating specific growers’ insurance for hazards like fire and theft. Reviewing property policies with insurance professionals is essential to identify potential exclusions related to cannabis operations (source: Cover Cannabis).

Why Is It Crucial to Address These Coverage Gaps?

Addressing coverage gaps is essential to ensure the financial stability and longevity of cannabis businesses. Without proper coverage, businesses face significant risks, including lawsuits, regulatory penalties, and financial losses from uncovered incidents. Ensuring comprehensive insurance protection helps businesses navigate the complexities of the cannabis industry and protects against unforeseen challenges (source: Inszone Insurance Services).

Who Needs Specialized Cannabis Insurance?

All cannabis businesses, from cultivators to distributors, need specialized insurance coverage. This includes growers, dispensaries, and those involved in transportation and retail. Given the unique risks and regulatory environment of the cannabis industry, specialized insurance is critical for all operators to safeguard their investments and operations (source: Inszone Insurance Services).

How Can Cannabis Businesses Secure the Right Insurance Coverage?

Steps to Secure Comprehensive Coverage:

  1. Consult with Experts: Work with insurance professionals who specialize in cannabis business insurance to understand specific needs.
  2. Review and Update Policies: Regularly review insurance policies to ensure they cover all aspects of the business.
  3. Understand Exclusions: Be aware of common exclusions and seek additional coverage where necessary.
  4. Train Employees: Ensure employees are knowledgeable about handling incidents and compliance with regulations.
  5. Stay Informed: Keep up with industry changes and new insurance options to ensure ongoing protection (source: Cover Cannabis).

Conclusion

Navigating the insurance landscape is challenging for cannabis businesses, but it is crucial for ensuring long-term success and protection. Understanding and addressing coverage gaps can prevent costly surprises and safeguard operations. For expert advice and comprehensive coverage options, trust Cover Cannabis to guide your cannabis business through these challenges. Contact us now for more information and to secure the insurance protection you need.


References

  1. Forbes: Cannabis Insurance
  2. Inszone Insurance Services: Cannabis Business Insurance
  3. NORML: Cannabis Transport Laws
  4. Journal of Accountancy: Risk Management for Accountants
  5. Cover Cannabis: Cannabis Insurance