Total Pollution Exclusion With A Building Heating, Cooling And Dehumidifying Equipment Exception And A Hostile Fire Exception
A total pollution exclusion that carves back coverage for hostile fire and building HVAC fumes.
What it actually does
CG 21 65 is a total pollution exclusion, but with two carve-backs that make it less restrictive than the flat CG 21 49. It still excludes pollution liability broadly, then restores coverage for (1) bodily injury sustained within a building and caused by smoke, fumes, vapor, or soot produced by the building's own heating, cooling, or dehumidifying equipment, and (2) bodily injury or property damage arising out of heat, smoke, or fumes from a "hostile fire" (a fire that becomes uncontrollable or spreads from where it was intended to be).
For most construction trades, the practical difference from CG 21 49 is the hostile-fire carve-back, which preserves coverage for fire-related pollution losses. For genuinely pollution-exposed trades (abatement, environmental), it's still a major gap and they need contractors pollution liability.
When verifying, note whether the sub carries CG 21 65 (with carve-backs) versus CG 21 49 (total), and match that to the trade's pollution exposure.
Verification checklist
- 01Identify whether the form is CG 21 65 (with carve-backs) or CG 21 49 (total) — they differ.
- 02For pollution-exposed trades, still require separate contractors pollution liability coverage.
- 03Confirm the hostile-fire and HVAC carve-backs are actually present in the issued form.
Common mistakes
- ·Treating CG 21 65 as equivalent to a full pollution policy — it's still a broad exclusion with narrow carve-backs.
- ·Confusing CG 21 65 with CG 21 49 (which has no carve-backs).
Frequently asked questions
How is CG 21 65 different from CG 21 49?
Both are total pollution exclusions, but CG 21 65 carves back coverage for hostile-fire pollution and for fumes from a building's own HVAC equipment. CG 21 49 has no such carve-backs.
Does CG 21 65 make a sub 'pollution covered'?
No. It's still a broad exclusion. Pollution-exposed trades need separate contractors pollution liability coverage.
What is a 'hostile fire'?
A fire that becomes uncontrollable or breaks out from where it was intended to be. CG 21 65 preserves coverage for pollution losses caused by one.
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This page explains CG 21 65 in plain English for COI verification. It is informational only and is not legal or insurance advice — confirm the actual endorsement language and have your counsel or insurance agent review your specific requirements.