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When Is CO Not a Pollutant? |
Carbon monoxide is a deadly gas, definitely within most liability policy definitions of a pollutant as "any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste." But not all the courts in the various states are in agreement as to whether carbon monoxide is a pollutant within the intent of general liability policy "absolute pollution exclusion" language.
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In one Midwestern case one boy died and a second was injured when a heater malfunctioned and carbon monoxide built up in a leased apartment. The parents sued the landlord. He sought coverage under his liability policy, but the insurer disputed the coverage. The state courts determined that coverage applied.
The Court had examined three different ways of approaching the coverage issue. One was that carbon monoxide was definitely a pollutant. Another found that the issue was ambiguous in the case of residential gas leaks, and the third examined the insured's "reasonable expectation" that such a loss would be covered.
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In a neighboring state, however, that state's supreme court, in a certified question from a federal district court, ruled that a worker's death due to carbon monoxide fumes was unambiguously barred from coverage by the pollution exclusion. In this case fumes produced by a power washer at the hog farm where he worked overcame the employee. While the policy had a "hostile fire exception" to the exclusion, the court found that the exclusion would apply. The federal court commented that there was a "dizzying array of results" from various jurisdictions on this coverage issue.
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The general example above illustrates the point that knowing when, where and how to recognize claims issues involved in coverage determination is crucial. Crawford Educational Services offers courses that help your adjusters understand and resolve the issues involved in the application of policy exclusions to claims. For complete course listings, visit our website.
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Contact Us Today!
404.300.1526 | |
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The Intermediate Property Class is a two-week course designed to elevate the skill sets of the basic property adjuster who has experience in homeowners claims and now needs to move up to handling commercial claims.
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The Advanced Casualty course is an intense program targeting the experienced casualty adjuster, with the primary focus on serious commercial casualty losses. |
At Crawford Educational Services, you'll get hands-on training from our expert instructors. We offer classes in property, casualty, and workers' compensation in our classroom facility in Atlanta, as well as customized programs at your location.
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Take Note! is a marketing tool of Crawford Educational Services, the training division of Crawford & Company. The contents and any referenced external materials are not intended to and should not be construed as legal or other professional advice, nor is such information intended to be nor should it be used as a substitute for legal or professional counsel. These materials merely convey general information about claims and claims related situations often encountered by claims professionals. While an effort is made to be accurate, Crawford & Company does not represent, warrant, promise, or imply that this information is current, accurate, thorough, or adequate.
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