Some of the most unnerving claims an adjuster can experience are those concerning dead bodies, and the editors at Fire, Casualty, & Surety have recently had many questions regarding the deceased and what to do with them. Particularly, is there coverage under the homeowner's policy for cleanup for both the dwelling and personal property? Are dead bodies pollutants? And what about self-inflicted situations? Are they excluded as intentional acts?
Let's start with the pollution exclusion and coverage for the dwelling. At first glance, the exclusion seems fairly straightforward. It reads, “The discharge, dispersal, seepage, migration, release, or escape of pollutants, unless such action is caused by a peril insured against under Coverage C, is excluded.” The policy then defines “pollutant” as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste is further defined as materials to be recycled or reclaimed.
But does this definition apply to a dead body and bodily fluids? The policy wording specifies chemicals, chemical by-products, or the result of some manufacturing operation. Dead bodies aren't manufactured, nor are they chemical byproducts.
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