When a property’s landscaping is in need of an infusion of green, what it usually gets is an infusion of chemicals. That vivid, uniform green of golf courses and manicured home lawns is the result of careful application of fertilizers, herbicides, and the care of landscape professionals. But sometimes lawns, trees, and shrubs get too much of a good thing. Plants can be burned by the application of too much or poorly mixed herbicides and nitrogen fertilizers.
This may sound like a purely aesthetic issue, but for insurance agents working with landscapers and pest control operators (PCOs), it is a serious concern. This is especially true in Florida, with year-round warmth and acres of verdant golf courses and lush lawns.
What a burnt lawn claim looks like
Claims stemming from burned lawns are more significant than one would expect — even relatively minor damage to lawns can add up to five-figure claims. When it comes to single-family homes, claims are often for small burn spots on lawns or damage to ornamental trees and shrubs.
If there is a golf course or homeowners association involved in a claim, costs can reach hundreds of thousands of dollars. Golf courses depend on green lawns for their most basic service offering, so they put a great deal of care into them. With homeowners associations, you simply have an economy of scale — the impact of using too much fertilizer across an entire housing development will add up quickly.
In one case a few years ago, a PCO was performing some incidental lawn work involving an herbicide that needed to be mixed. PCOs often perform professional lawn care services, particularly in the Southeast; after all, weeds are pests too. However, he mixed a batch without reading the label and went on to spray eight lawns with the dubious plant-killing mixture. Each of the resulting claims was somewhere between $15,000 and $20,000.
Mitigating the risk of burns
By passing on risk management best practices, insurance agents can help their landscape or pest control clients mitigate the risks of these lawn claims.
PCOs should always read the manufacturer’s application guidelines — especially when using a new or unfamiliar chemical. Any chemical can destroy a lawn if used improperly, and new products can trip up even seasoned professionals. They must ensure the chemicals they use are safe and appropriate in a given situation. For example, combination weed and grass killers available at home improvement stores sometimes are mistaken for simple weed killers, resulting in lawn damage.
That makes training crucial for landscapers and PCOs. For PCOs in Florida, continuing education is mandatory to maintain a pest control license. And in some instances, such as OSHA’s 2013 relabeling of chemicals, the entire industry is called on to be retrained.
However, even if a particular position does not require continuing education, ongoing product development and other issues do. Those responsible for applying herbicides and fertilizers must receive ongoing training to learn about new products, procedures and local ordinances.
In helping them manage their risks, you may also want to consider your client’s payment structure. If staff get paid per application rather than per hour, they may be rushing to perform treatments. Clearly, this can lead to hasty mixing and applications, which certainly increases the risk of a mistake.
Appropriate insurance coverage
By now you are probably asking: Are my clients properly covered in the event of a burned lawn claim?
Florida requires PCOs to carry property liability coverage, but that does not necessarily cover chemical damage. Additional coverage is crucial for protecting your clients from paying out of pocket for the cost of remediating damage done to lawns.
Burned lawn claims are deemed to be property damage resulting from use of a pollutant. Therefore, all professionals applying herbicides and fertilizers should also carry a pollution liability endorsement. Keep in mind a standard general liability policy excludes pollution.
For the application of herbicides and fertilizers, the pollution liability endorsement should also cover environmental cleanup. Most carriers that specialize in pest control will offer some form of pollution liability, but this does not always cover environmental cleanup.
Best practices
Reducing the risk of burned lawn claims comes down to paying attention to best practices. For landscape professionals and PCOs, that means paying close attention to the types of chemicals they are using, how those chemical are being used, and staying up to date on training. For insurance agents and brokers, that means assessing these clients’ businesses and ensuring they have the right coverage.
A burnt lawn doesn’t have to scorch a business’s bottom line.
