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 …

Continue Reading