Carbon Monoxide Discharged from Furnance is “Pollutant” Released into Atmosphere

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Nautilus Insurance Company v. Country Oaks Apartments, Ltd.  (Click on the Case Name for full decision)

(5th Cir. ( Texas), April 22, 2009

The vent to a furnance was accidently blocked, causing the carbon monoxide that would otherwise have been discharged into the atmosphere to be dispersed into an apartment.  The carbon monoxide consistuted a “pollutant” within the meaning of the absolute pollution exclusion and its discharge from the furnance constituted discharge into the “atmosphere."


By Daniel W. Gerber and Jeffrey L. Kingsley