I was spraying fungicide on a client’s cornfield using my DJI Agras T40. The wind shifted unexpectedly, and a fine mist drifted onto the neighboring property—an organic vineyard. Three days later, the vineyard owner served me with a $50,000 lawsuit for destroying his organic certification and ruining his vintage. I called my standard drone liability insurer, and they pointed to the “Pollution Exclusion” and hung up.
Key Takeaways
- Chemicals are Pollutants: In the eyes of insurance, pesticides and herbicides are “pollutants.” Standard aviation liability strictly excludes pollution.
- You Need a “Chemical Drift” Endorsement: This is a specific rider that buys back coverage for damage caused by the spray drift. Without it, you are only covered if the drone crashes into the vines, not if it sprays them.
- Limited Liability: Even with the endorsement, limits are often lower (e.g., $100,000) than your full policy limit.
- Log Your Wind: In 2026, claims adjusters pull local weather data instantly. If you sprayed in wind speeds exceeding the label’s limit, coverage can be denied for negligence/illegal acts.
The “Why” (The Trap): The Absolute Pollution Exclusion
Most General Liability and Aviation policies contain an Absolute Pollution Exclusion.
It excludes “bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants.”
Since the entire purpose of an Ag drone is to disperse chemicals, a standard policy effectively covers the drone crashing, but excludes the actual work you are doing. You are paying for a policy that doesn’t cover your main risk.
The Investigation: “I Called Them”
I shopped for Ag-specific drone coverage.
1. Global Aerospace (The Specialist)
- The Offer: Full UAS policy with a specific “Chemical Liability” endorsement (XC-30).
- The Cost: High (~$2,500/year).
- The Coverage: Covered the loss of the crop and the cleanup costs.
2. Standard Drone Apps (SkyWatch/Verifly)
- The Offer: General Liability.
- The Catch: I dug into the specimen policy. The pollution exclusion was absolute. If I sprayed the wrong field, $0 payout.
- Verdict: Do not use on-demand apps for spraying.
3. Farm Bureau / Ag Insurers
- The Offer: Adding the drone to a farm policy.
- The Catch: They often treat the drone as “Farm Equipment” (Hull only). They rarely understand the aviation liability aspect of chemical drift from the air.
Comparison Table: Spraying Coverage
| Policy Type | Crash Liability | Chemical Drift Damage | Annual Cost |
| Standard Drone App | Covered | Excluded | Low ($600) |
| Farm Equipment Policy | Excluded (Usually) | Excluded | Medium |
| Aviation Ag Policy | Covered | Covered (Sub-limit) | High ($2,500+) |
Step-by-Step Action Plan
- Check Your Endorsements: Look at your policy now. Do you see “Chemical Liability” or “Limited Pollution Coverage”? If not, stop spraying.
- Buy the Rider: Call an aviation broker (not a generalist). Ask for XC-30 or equivalent drift coverage.
- Digital Wind Logs: Use an anemometer that logs to your phone. Save a screenshot of the wind speed at the exact time of flight. This is your defense against “negligence” claims.
- Verify Chemical Labels: If you spray a chemical contrary to its label (e.g., “Do not apply via aerial application”), insurance denies the claim for Illegal Acts.
FAQ
Q: Does it cover the cost of the wasted chemical?
A: No. It covers the damage to the neighbor, not your lost product.
Q: What if I spray my own crops?
A: Liability insurance covers third parties. It does not cover you damaging your own crops.
[IMAGE: Diagram showing “Drift Zone” affecting a neighboring property and the “Pollution Exclusion” shield blocking the claim.]