Million-Dollar Risks: Learn About Commercial Liability Gaps
Most business owners believe their commercial general liability policy offers complete protection. Reality tells a different story. Hub International’s North American Outlook Report 2025 reveals that 73% of companies operate while underinsured.
Businesses and their insurance brokers are noticing a trend: they need higher coverage limits beyond their standard commercial general liability (CGL) insurance.
Why $2 Million in Liability Is No Longer Enough
For years, a $2 million Commercial General Liability (CGL) policy was the industry standard. Today, that amount is often the bare minimum. As court awards and inflation rise, businesses are finding that a single major incident can easily surpass their primary limits.
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Back in the day, $2 million CGL may have been adequate… But now it’s typically a larger limit. More frequently, there’s specific mention of umbrella liability needing to be purchased to fulfill contract requirements.
— Eric Scott, VP at Trisura
The ‘Liability’ Gap: Why Claims Get Denied
Alarming Trend: Denial Rates are Rising
In 2020, insurers denied over 20.4% of liability claims. By 2021, denials due specifically to “Lack of Coverage” jumped from 50.3% to a staggering 64.8%.
The number one reason for these denials? Policy Exclusions. Business owners often assume their CGL covers everything, unaware that risks like pollution, professional errors (E&O), or cyber incidents require separate product lines.
The State of Underinsurance in 2025
Companies are struggling to get sufficient coverage due to inflation.
Businesses are reporting that they are currently underinsured.
Building a “Liability Tower”
A liability tower is a layered strategy. It stacks different policies to create a massive wall of protection. This approach does two vital things:
It raises the total dollar amount available to pay for a catastrophic loss.
It ensures that “unintended holes” in your primary policy don’t leave you exposed.
Who Actually Needs Extra Coverage?”
While high-risk industries like construction or manufacturing are obvious candidates, umbrella coverage is now a requirement for almost everyone. Even if your business is “low risk,” your clients and vendors likely require $5 million or $10 million in limits just to sign a contract.
Excess vs. Umbrella: The Difference
Excess Coverage: Piles more money on top of your existing CGL limits. It follows the same rules as your base policy.
Umbrella Coverage: Adds higher limits AND can fill gaps where your primary policy might be silent.
Watch Your “Attachment Point”
This is the exact dollar amount where your umbrella policy kicks in.
If this point is too high, you might have a “gap” between your primary insurance and your umbrella protection.
Industries Most Likely to Need Enhanced Commercial Liability Coverage:
- Construction and contracting
- Manufacturing
- Transportation and logistics
- Hospitality and food service
- Healthcare and medical facilities
- Environmental services
- Professional services (accountants, consultants, etc.)
Case Study: The Pollution Exclusion Trap
West Van Lions Gate Cleaners Ltd. vs. Insurers
A neighbouring business sued West Van Lions Gate Cleaners, alleging that dry-cleaning chemicals had contaminated the groundwater. The dry cleaner turned to their insurers (Intact and Economical), but the claim was denied.
The Ruling: The B.C. The Court of Appeal ruled in favour of the insurers. Because the CGL policy included a strict Pollution Exclusion, the insurance company had no duty to defend or pay for cleanup costs.
Would “More Coverage” Have Helped?
Actually, no. Not if it was just a higher CGL limit. To win this case, the business needed an Environmental Impairment Liability (EIL) policy. This demonstrates Misconception #2: Higher limits do not extend coverage to risks that are already excluded.
Commercial Liability: Myths vs. Reality
MYTH: “My CGL covers all business risks.”
REALITY: Standard policies exclude professional errors, cyber attacks, and pollution.
MYTH: “All policies are the same.”
REALITY: Wording varies wildly between insurers. Small differences in exclusion language can change a claim outcome.
Trends in Commercial Liability in Canada
The commercial liability insurance landscape in Canada continues to evolve in response to emerging risks, legal developments, and market conditions.
Understanding these trends is essential for businesses seeking to optimize their coverage strategies.
Key Commercial Liability Trends (2025):
- Market Stabilization After Hard Market Cycle
After several years of hardening markets, marked by significant premium increases and capacity restrictions, the commercial market is showing signs of stabilization. Increased competition among insurers is helping to moderate premium increases.
- Rising Contractual Requirements
What was once a standard $2 million CGL requirement has commonly increased to $5 million or more, driving demand for excess and umbrella coverage.
- Expansion of Environmental Liability Concerns
With increasing focus on environmental protection and stricter regulations, more businesses are recognizing the need for specialized environmental liability coverage beyond their standard CGL policies.
- Social Inflation Impact on Claims Severity
Social inflation, the tendency for insurance claims to rise in cost above general economic inflation, continues to drive higher settlement amounts and judgments, particularly in bodily injury cases.
- Growing Emphasis on Risk Management Services
Insurers are increasingly offering value-added risk management services to help businesses mitigate liability exposures, potentially qualifying them for more favourable coverage terms and pricing.
Protect Your Bottom Line
Don’t wait for an exclusion to surprise you after a major loss. The current market is softening, making this the perfect time to review your “Liability Tower.”
FAQs
What are some common exclusions in commercial general liability policies?
Commercial general liability policies typically exclude coverage for intentional harm, contractual liability from assumed obligations, and damage to property under the insured’s care or control. They also often exclude employee injuries, which usually fall under workers’ compensation insurance.
What is the difference between excess liability and umbrella liability coverage?
Excess liability coverage extends the limits of your existing commercial general liability policy under the same terms and conditions. Umbrella liability coverage, on the other hand, provides broader protection after the underlying coverage is exhausted.
How can businesses enhance their liability coverage?
Businesses can enhance their liability coverage through additional insurance options like umbrella policies, strategic policy endorsements for specific risks, and risk transfer techniques such as contractual agreements.
Insights are not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. The statistics referenced in this article are based on publicly available information.
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Posted in Business on February 12, 2025 by Hope Prost