Carbon Monoxide Poisoning Deemed Traditional Pollution Precluding Coverage Under Policy’s Pollution Exclusion

This environmental coverage action involved a Church pastor and his wife’s exposure to carbon monoxide from the Church’s heating system resulting in the death of the pastor, and the court’s interpretation as to the application of the policy’s pollution exclusion.  Specifically, the insurer commenced a declaratory action seeking a determination that the policies’ pollution exclusions precluded any duty to defend or indemnify the Church with respect to the pastors’ estates’ claims and issued a reservation of rights denying coverage on the basis of those exclusions.…

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Et Tu, Neighbor?: Multiple Carbon Monoxide Injuries in Apartment Complex Deemed A Single Occurrence

This environmental coverage action arises out of a carbon monoxide exposure and poisoning of multiple tenants in an apartment complex serviced by a gas boiler furnace located in the basement of the unit.

A declaratory suit was initiated against the complex owner and the insurer seeking a declaration that claimants are entitled to a separate occurrence limit and that the damages sustained by each group of tenant plaintiffs constituted separate occurrences under the policy.  Here, the subject policy defined “occurrence” as “an accident, including continuous …

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