Short answer
A no height exclusion insurance requirement asks you to prove your policy carries no height limit. Some contractor general liability (GL) policies add height limitation and XCU (explosion, collapse, underground) exclusions to limit risky operations. An engineer’s GL usually lacks them because the policy was written for consulting, not construction. Your agent can confirm the exclusions are absent, but should not suggest the policy covers construction work. Not excluded does not mean designed to cover.
What are height, XCU and similar exclusions?
Height limitation exclusions remove coverage for work above a set number of stories or feet. XCU exclusions remove coverage for property damage from explosion, collapse and underground work. Insurers add them to some contractor GL policies to limit risky operations. Engineers rarely see them, which is why the request often surprises them.
These exclusions belong to the contractor world. A policy for a roofing or excavation contractor may carry them because the insurer wants to control exposure on tall or below-grade work. IRMI’s glossary entry on the explosion, collapse and underground exclusion gives a standard definition.
Some policies also carry a classification limitation, which restricts coverage to the operations listed on the policy. Wording varies by carrier and form, so the actual policy always controls.
Why owners ask for a no height exclusion insurance requirement
Owners and neighbors in New York have dealt with contractors whose policies excluded the very work being done. As a result, many now ask every party on a project for the same proof. The request usually comes from a standard checklist applied to everyone.
A neighbor next to a tall building project wants assurance that someone’s policy will respond if something goes wrong. The checklist was built with contractors in mind. When it lands on an architect or engineer, the wording no longer fits, but the request still arrives.
Why a certificate cannot show it
A certificate of insurance lists coverages, limits and policy periods. It does not list exclusions. Nothing on the page can show that an exclusion is absent. Proof of a missing exclusion comes from the policy itself or from a written confirmation from the insurer.
You cannot point to a page that does not exist. That is the practical problem with a no-exclusions request. The certificate holder may keep asking where the certificate says “no height exclusion,” and the answer is that certificates never say it.
Saying “not excluded” can also create a second problem. To a reader outside insurance, it can sound like “covered for construction.” That impression can follow the engineer into a later dispute, so the response needs careful wording.
Not excluded vs. designed to cover
A policy without an XCU exclusion has not necessarily been priced for excavation or collapse work. The insurer rated the operations the insured actually described. For an engineer, those operations are consulting services. A missing exclusion says little about whether construction work falls inside what the insurer rated.
Consider a drywall contractor who buys GL online. The policy may carry no XCU exclusion, yet the insurer never priced excavation work. The same idea applies to an engineer. The insurer rated design and consulting operations, and the policy reflects that.
Whether a policy responds depends on its wording and the facts. An absent exclusion is one piece of that picture.
What to send for a no height exclusion insurance requirement
Send a short confirmation from the insurer or your agent listing the specific exclusions that do not appear on the policy. Add a plain description of the insured’s actual scope. Together, these two items address the request without implying construction coverage.
A useful package usually includes:
- A letter naming each requested exclusion (height, explosion, collapse, underground) and confirming it is absent from the policy
- A description of the firm’s real operations, such as design, inspection or consulting services
- The certificate itself, for limits and policy periods
Keep the description factual and short. The goal is to answer what was asked, in a form the certificate holder can file.
What we see at Hardcover
On one request, the other party asked us to show there were no height, explosion, collapse or underground exclusions on an engineer’s policy. We asked the insurer to confirm. The underwriter confirmed and agreed the response should not imply the policy covers construction operations.
That second point mattered as much as the first. A confirmation letter works best when it states what is absent and stays quiet about what the policy was never built to do.
Frequently asked questions
These short answers cover the questions engineers ask most when a no-exclusions request arrives. Each answer reflects general insurance education. Your own policy wording, endorsements and the insurer’s underwriting decide what applies, so confirm details with your agent before you send anything.
What is an XCU exclusion?
It is an exclusion for property damage from explosion, collapse or underground work. It usually appears on some contractor GL policies.
Does an engineer’s GL policy have a height exclusion?
Often not, because the policy is not written for construction work. Check your policy or ask your agent.
If it is not excluded, is it covered?
Not necessarily. Coverage depends on the full policy and the operations the insurer rated.
Questions to ask your attorney
Contract language decides what you must provide, so an attorney should read it with you. A no-exclusions clause can sit inside indemnity or insurance sections that carry their own obligations. These questions can help frame that review.
- Does the contract require proof of coverage only, or a statement about exclusions?
- Can the requirement be revised to fit a consulting scope?
- Does a confirmation letter create any obligation beyond the policy itself?
- Who reviews the wording of any statement we give to the other party?
General education, not legal advice. Hardcover is an insurance agency, not a law firm.