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