Agricultural operations often require significant capital investments in land, buildings, and equipment.

If you or your farm is found negligent in an accident or legal dispute, the damages awarded could easily surpass the limits of your primary insurance.

Umbrella insurance helps protect your assets by covering liability costs that exceed the limits of your underlying policies, such as farm liability, auto liability, and commercial general liability (CGL).

It’s important to understand the difference between excess liability insurance and umbrella insurance:

  • Excess Liability Insurance: This operates in a “vertical” manner, meaning it increases the limits of your existing policies without expanding the scope of coverage. It essentially adds higher limits to your underlying farm or auto liability policies.
  • Umbrella Insurance: This not only provides higher limits but also broadens the scope of coverage, covering incidents that your primary policies might not. For instance, if your primary farm liability policy excludes certain personal injury claims or environmental incidents, umbrella insurance may cover these gaps. Additionally, umbrella insurance can “drop down” to cover claims if your underlying policy limits are exhausted.
  • Higher Liability Limits: Provides additional coverage for claims that exceed the limits of your farm, general, or auto liability policies.
  • Broader Coverage: Covers claims that may not be included in your primary policies, such as personal injury (libel, slander, mental anguish), pollution incidents, and certain types of property damage.
  • Drop-Down Provision: If your primary insurance limits are reduced or exhausted due to claims, umbrella insurance can “drop down” and provide coverage, preventing gaps in protection.
  • Indemnify: The insurer reimburses you for damages after you have made payment to a third party.
  • Pay on Behalf of: The insurer directly pays the third party for any covered damages. This is generally the preferred type of coverage since it reduces out-of-pocket expenses for the insured.

Umbrella policies typically cover defense costs in addition to damages, meaning the insurer will provide and pay for legal defense even if the claim does not result in a financial settlement.

This type of coverage, known as defense outside the limit, ensures that your liability limits are preserved for the actual damages, with legal fees covered separately.

Umbrella policies often include a self-insured retention (SIR), which functions similarly to a deductible. This applies when the umbrella policy provides coverage for a claim that is not covered by your primary insurance.

Umbrella insurance for farms and ranches can be customized to include coverage for risks that are unique to agricultural operations:

  • Pollution Liability: Covers incidents such as chemical spills, manure runoff, or pesticide drift, which could result in costly environmental clean-up or third-party claims.
  • Personal Liability: Given that farm life often blends home and business, personal liability coverage is critical. For example, if a visitor is injured during a farm tour or event, your umbrella policy can provide the necessary protection.
  • Product Liability: If your farm sells products directly to consumers, such as produce or processed goods, product liability coverage under an umbrella policy can help protect against claims arising from foodborne illness or injuries caused by faulty equipment.
  • Farm Liability: $1 million per occurrence, $2 million aggregate
  • Commercial Auto Liability: $1 million combined single limit per accident
  • Employers Liability: $1 million per accident, $1 million occupational disease, $1 million aggregate
  • Watercraft Liability: $2 million per accident