Emerging Risks 2021

Over the past few years, a number of new and different exposures have developed that have unique or unusual insurance needs and exposures. Coverages for some of these have been developed over time; for some exclusions have been created for use until the risk becomes better quantifiable; and other emerging risks are still developing so coverage needs are not yet clear.

Marijuana was first legalized in certain states for medicinal purposes for certain illnesses. Many states followed, and by 2016 states were beginning to legalize it for recreational use as well. This raised a host of issues; many employers had restrictions against the use of drugs while working, and patients using marijuana could test positive for weeks afterward even though they hadn’t used the product during working hours. Workers compensation, product liability, general liability, even homeowners coverages could all be affected. Since marijuana is still federally illegal, this creates significant complications to the marijuana industry as a whole.