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by Edward A. Schirick
Minimizing
the Risk of West Nile Virus
West Nile Virus (WNV) continues to spread across the United States. According
to the Centers for Disease Control and Prevention (CDC), all persons who
reside in areas with West Nile Virus activity are at risk of getting the
illness. However, persons over fifty years of age are at risk for getting
the most severe illness. CDC is uncertain if persons with compromised
immune systems are at greater risk for severe illness if they contract
WNV.
Naturally, parents of your campers are concerned about this issue. Staff
may be concerned as well. Considering the outdoor nature of the camp experience,
campers and staff have a greater exposure to the risk of mosquito bites
— and consequently of contracting West Nile Virus — than the general population.
Under these circumstances, many camp owners and directors are considering
their options for managing the risk of illness from mosquitoes infected
with WNV. The first step is education. The CDC
Web site is a treasure trove of information on the subject. Go to
CDC's Web site, select “Health Topics A to Z” in the left margin under
Contents, and scroll down the list to West Nile Virus. CDC has extensive
information on prevention, how to choose insect repellents, how to apply
insect repellent on children, links to state health departments, and to
mosquito control programs in various states and metropolitan areas. Use
this information to develop or refine your risk management plan for WNV.
In addition, Mary K. Dagley wrote an article for The CampLine in January
2000, which discussed the broader issues of mosquito-borne illnesses.
The article provides similar information to that on the CDC Web site,
but is more condensed. You can view this article on the ACA web site,
www.ACAcamps.org in the Knowledge Center. Choose Health and Wellness,
then Health Care Staff Resources. Choose the article New
Threat: Mosquito-Borne Illness.
After you have gotten the facts, follow the five steps in the risk management
process (Risk Identification, Risk Evaluation, Risk Control, Risk Financing
and Risk Administration). As you consider your options for managing the
risk of WNV and how to finance it, take some time to consider the risk
and insurance implications of spraying insecticide or herbicide on your
property to kill mosquito larvae and to eliminate places where mosquitoes
can lay their eggs.
Most camp general liability policies have a total pollution exclusion.
This endorsement eliminates coverage for “bodily injury” or “property
damage,” which would not have occurred in whole, or in part, except for
the actual, alleged, or threatened discharge, dispersal, seepage, migration,
release, or escape of pollutants.
“Pollutants” in the general liability policy means “any solid, liquid,
gaseous, or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals, and waste. Waste includes materials
to be recycled, reconditioned, or reclaimed.” Under this definition, “bodily
injury” or “property damage” from the actual spraying or dispersal of
insecticide or herbicide by the camp staff on your property to control
West Nile Virus, or any other pest for that matter, is probably not covered.
In addition, the general liability policy contains exclusions for “bodily
injury” or “property damage” that are either expected or intended from
the standpoint of the Insured. Consequently, it is possible that “bodily
injury” — in the form of an allergic reaction from an insecticide or herbicide
sprayed around your property — could be excluded if the insurance company
determines the allergic reaction should have been expected from your standpoint.
To sum up briefly, if someone — a camper or staff person — suffers “bodily
injury” or “property damage” that is the result of your staff spraying
insecticides and herbicides on your camp property, your camp general liability
insurance most likely provides no liability insurance protection. This
could represent a significant gap in your risk management and risk transfer
plan. Injury to a staff person could be covered by worker's compensation
depending upon the circumstances. Camper accident medical policies will
most likely provide coverage for medical expenses if a camper suffers
an allergic reaction to chemicals. But this is limited protection.
If your analysis leads you to conclude you must spray to control mosquitoes,
there is a Pesticide or Herbicide Applicator insurance coverage endorsement,
which can be attached to the general liability policy. The endorsement,
which appears to be available in all states, provides coverage for “bodily
injury” or “property damage” arising from the intentional act of spraying
insecticide or herbicide. The endorsement grants coverage only “if all
of the standards of any statute, ordinance, regulation, or license requirement
of any federal, state, or local government which apply to the operation
are met.”
While this endorsement may be available, your particular camp liability
underwriter may not be willing to provide it. Or, you may not want to
go to the trouble of learning about all of the standards and statutes
and training required for one or more of your staff to be licensed to
apply the chemicals.
An alternative to spraying yourself is to hire an independent contractor
to do the spraying on your premises. By taking this approach, you transfer
some of the risk to the pest control operator’s insurance. Request an
additional insured endorsement from the pest control company’s liability
insurer, as respects the contractor’s ongoing services for your camp.
Under these circumstances, if a claim occurs that is covered by the insurance,
the pest control contractor’s policy should pay on your behalf.
However, this should not be assumed, and these situations are never “black
and white.” Seek clarification about how the contractor’s insurance applies
in this situation. Remember not all insurance is the same. There can be
significant differences in coverage among policies, which may be labeled
liability insurance. Your insurance agent or broker can help here. Using
an independent contractor and getting an additional insured endorsement
insurance does not eliminate the risk. And you should not rely upon the
independent contractor’s insurance entirely. Continue to take other actions
to reduce, prevent, and avoid mosquito bites. Build your risk management
plan and live it!
Originally published in the 2003 Winter issue
of The CampLine.
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