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A Morrow guide

Tree Service Insurance Gaps New Owners Find: Booms, Cranes, Spraying

In this guide

Some of the gaps worth testing first in an inherited tree service program sit between two policies, not inside one. A bucket truck boom shows how this can work: the standard auto form carves out injury from operating it, and whether the liability policy picks it up depends on that policy's wording. Crane and lift valuations, spray jobs near a pollution exclusion and arborist reports the policies may not have been written for are the next things to check. This guide is for the buyer who inherited the program and wants a list of what to ask for. It lists exposures and questions, not what any policy covers, because the policy wording controls.

The short answer

  • The standard business auto form treats a truck-mounted lift as an auto but excludes injury from operating it, so boom, crane and spray work can fall between the auto and liability policies if the liability policy's own wording does not pick the operation up.
  • Equipment on an older valuation, a weight-of-load exclusion or a limit below real value can shrink an equipment claim.
  • Pollution, arborist assessments, work you advertise but rarely do, and uninsured subcontractor climbers are worth testing in an inherited program.
  • Ask the broker for the exclusion list on each inherited policy in writing, then match it to the work your crews actually do.

Which policy pays when a boom or crane is involved?

Start with the bucket truck. On the standard auto form, the truck is an auto while it is driven, but injury caused by operating the boom is carved out of that policy. That can leave the loss to your general liability policy, and its wording decides whether it picks the operation up.

The standard form, the 10 13 edition from the Insurance Services Office (ISO), says this in two places. It treats a truck-mounted lift as an "auto" and not as "mobile equipment" (the category that general liability, not auto, usually handles). Its operations exclusion removes bodily injury and property damage arising out of operating truck-mounted cherry pickers and similar devices, and truck-mounted pumps, generators and spraying equipment. A truck-mounted crane can reach the same exclusion through the form's wording on registered vehicles. Carriers use their own forms and later editions, and a state's vehicle registration rules can move a unit from one category to the other. Whether a gap exists in your program depends on how the two policies' forms and endorsements fit together, and some programs fit better than others.

A hypothetical example. A boom touches a neighbor's service line while an employee works at height, and a bystander is hurt. The buyer's questions are: What does the auto policy's operations exclusion say, and does the general liability policy pick up boom operation or exclude it? Does the umbrella follow whichever policy responds? Is the financed truck's lender shown correctly? If the answers are not in writing before the claim, the company learns them from the claim.

Ask the broker to show, on the inherited policies, how boom operation, crane lifts and spraying are handled between auto and general liability. The glossary entry on mobile equipment versus auto explains the line in general terms.

What else should you check beyond the boom and the equipment?

Use this table as a review agenda with your broker. The right-hand column lists what to check and ask for, not what a carrier will agree to, and every change depends on carrier underwriting. Two more arrangements, subcontractor climbers and advertised services, are covered in the section below.

Other gaps for new owners of tree service companies
GapHow it arises in tree workWhat to check and ask for
Work near power lines, at height or with a craneLiability policies can carry exclusions or limits for specialized workAsk for the inherited exclusion list and any limit tied to tree height, crane use or distance from lines. Ask for written confirmation that your crews' work is not excluded, or an endorsement or separate policy if it is
Underground lines and irrigation damaged by stump grinding or equipmentA routine tree job can end in a utility strikeAsk how the liability policy treats underground damage, and for written confirmation and the deductible
Pollution from spraying, fluids or fuelLiability policies commonly carry a pollution exclusion, and a stricter endorsement removes the usual exceptionsLook for a total pollution exclusion endorsement on the liability policy, and ask about a limited pollution endorsement or a separate pollution policy
Arborist reports and consultingRisk assessments and diagnoses are opinion-based workAsk whether the company issues written reports and read any professional services exclusion. Ask for a professional liability quote with prior acts coverage or a retroactive date that reaches back to the earliest report the company issued, if the carrier agrees
Claims after the job is doneA limb fails after pruning or cabling, or a treated tree diesCheck the completed operations limit and any exclusions, and confirm the customer endorsements it must carry
Umbrella below contract asksCities, utilities and commercial customers can ask for more than the primary limitCompare each major contract with the umbrella limit and its schedule of underlying policies, then ask for higher limits or talk with the customer about the ask

Is the equipment really insured for what it would cost to replace?

Equipment that moves between job sites is usually insured under inland marine coverage (equipment coverage that follows gear from job to job), not the building policy. A trade magazine article by an insurance agent lists three traps to check on every schedule.

  1. Replacement cost may stop at equipment five years old or less, so older chippers and lifts may be insured at actual cash value (value after depreciation).
  2. A limit below real value can trigger coinsurance, which cuts a claim in proportion to the shortfall. In the article's example, a lift insured for less than its real value drew a reduced offer after the deductible.
  3. For cranes and lifts, a "weight of load" exclusion can remove coverage for overturning from overload, and the author says never to accept it.

The same article describes optional rental reimbursement, loss of income and debris removal cost for a fallen crane. Ask separately about rented equipment and crane operations liability, which an equipment floater may not address. The actual cash value versus replacement cost and coinsurance entries explain the mechanics, and the inland marine review walks through a schedule.

A purchase price is not an insurable value. If limits were carried over from the seller or set from deal numbers, they can be too low or too high for what a replacement would cost.

What about spraying, pollution and arborist reports?

Some tree companies spray or inject pesticides, fungicides and fertilizer, and most carry fuel, oil and hydraulic fluid in the truck and the yard. An ISO endorsement known as the total pollution exclusion endorsement replaces the standard pollution exclusion with a stricter one, and a form reference site describes it as aimed at several kinds of businesses, among them manufacturers, fuel and chemical distributors, waste operations and contractors who handle pollutants, and it is not available in every state. The business auto form has its own pollution exclusion with an exception for fluids that escape from a part designed to hold them, and that exception does not apply to losses arising out of operating truck-mounted boom lifts and spray rigs. None of this tells you what your policy does. It tells you what to read. See the pollution coverage review and ask whether your company's pesticide licenses and application records are in order.

Arborist assessments are a separate question. In a university study summarized in the trade association's magazine, 18 arborists with a tree risk assessment qualification rated 30 trees by eye and gave two different ratings to 23 of them. Opinion work is hard to get right, and a disputed report can become a claim. Whether general liability treats a report as excluded professional services, and what a stand-alone professional policy covers, depends on the wording. Professional liability is usually claims-made, so a retroactive date (the earliest date of work the policy covers) that starts on your closing date can leave earlier reports outside the policy, which matters most in a stock purchase because the company keeps that exposure. See the professional liability review.

Could the seller's marketing and subcontractor arrangements create gaps?

They can. Underwriters read websites and social media, and a trade article by an insurance professional warns that advertising services you rarely perform, such as large-scale commercial snow removal or regular crane work, can create unintended exposure. If you inherited the seller's site, photos and service list, compare them with what your crews do today and either update them or tell the broker.

Subcontractors are the other area to inspect. If a one-person climbing crew has no workers' compensation policy, the audit can charge its pay to your policy (this follows the North Carolina rating manual, and other states and bureaus differ), and depending on state law you may face questions about responsibility for an injury. Ask employment counsel. Collect certificates before work starts and keep signed agreements. The routine is in whether your subcontractors carry the required coverage, and the audit math is in the workers' comp guide for tree companies.

Storm work adds a third gap. Temporary crews, extra drivers, work near downed lines and travel to other states all change payroll, auto exposure and licensing. Tell the broker before the surge, not after it.

How do you close gaps without overbuying?

Work through it in four steps.

  1. Describe the work accurately. The trade article cited above says underwriters fill missing information with cautious assumptions, so list your mix of pruning, removal, plant health care, crane or rigging use, line work and storm work.
  2. Ask the broker for the exclusion list on each policy and a plain-language note on each gap above.
  3. Rank the gaps by what a loss would do to your debt service, and ask for options with prices before you decide.
  4. Keep the list current as the business changes.

Some gaps can be closed with an endorsement. Others need a separate policy, which may not be worth buying until the work justifies it. The cost drivers guide shows which of your choices move the price, the exclusions guide explains the general pattern, and the after-you-buy guide lists the core policies. Morrow can review the inherited policies, flag gaps like these and request quotes, and any new terms depend on carrier underwriting.

Keep reading

Frequently asked questions

Who pays if my bucket truck boom hits a power line, the auto or the liability policy?

It depends on the policy wording. The standard business auto form treats a truck-mounted lift as an auto but excludes injury from operating it, so the loss may belong on the liability side. Ask your broker to show in writing which policy responds to boom operation and what exclusions apply.

Are my older chippers and lifts insured for replacement cost?

Not necessarily. A trade article reports that many policies offer replacement cost only for equipment five years old or less, and a limit below true value can trigger coinsurance. Check the schedule, the valuation basis and the age of each unit.

Is pesticide spraying covered by my liability policy?

Do not assume so. Pollution exclusions can apply to spray, drift and spill claims, and a stricter endorsement removes the usual exceptions. Ask whether a limited pollution endorsement or a separate pollution policy exists, and confirm your applicators' licenses.

Do I need professional liability if my arborists write reports?

It is worth asking. Reports, diagnoses and risk ratings are opinion-based, and a general liability policy may treat them as excluded professional services. A separate claims-made policy may respond, and its retroactive date decides which past reports it reaches.

Can an old website create an insurance problem?

It can. Underwriters review websites and social media, and advertising services you rarely perform, such as snow removal or regular crane work, can create exposure. Update the site to match what crews do, or tell the broker about the work.

References

Just bought a business? Get your insurance reviewed.

Send Morrow the declarations pages, loss runs and key contracts you inherited. Morrow can review them against the business you bought, flag gaps and request quotes where it makes sense. Any new terms depend on carrier underwriting.

Morrow · 25 New Chardon Street, 4th Floor, Boston, MA 02114

This article is general information, not legal, tax or financial advice, and not a coverage determination. Coverage depends on the actual policy wording, carrier underwriting, your purchase agreement and your contracts. Ask your attorney and accountant about deal and legal questions.