There is no readily apparent answer in this situation. Several factors need to be considered, and, in the final analysis, coverage will depend on the facts. First, the CP 00 10 provides, as an additional coverage, up to $10,000 for pollutant clean up and removal. The provision states that the insured's expense to extract “pollutants” from land or water at the described premises will be paid if the release of the pollutants is caused by or results from a covered cause of loss that occurs during the policy period. Further, the expenses are reimbursed only if reported to the insurer in writing within 180 days of the date on which the covered cause of loss occurs.

Since you are unsure about the length of time the pollution has been taking place that is something which must be addressed. For example, is the date of loss when the pollution is first discovered—the first manifestation theory—or is the date unable to be pinpointed? Has much of the pollution taken place prior to this policy term? If so, who insured the property then?

Assuming these points are resolved, consider the cause of loss in the special form. The form excludes loss caused by release of pollutants unless the release is caused by one of the “specified causes of loss.” “Vehicles” is one of these causes.

“Vehicles” is not a defined word in the policy, so the insured is entitled to a broad interpretation. However, in the case of Robert E. Lee & Associates, Inc., v. Peters et al., 557 N.W. 2d 457 (1996), the Wisconsin appellate court held that, under a commercial property policy, the pollution had to have arisen out of the use of a vehicle. The vehicle had to have been the actual or proximate cause of the contamination. In your case, if the pollution indeed has come from vehicles leaking or being refueled, that would appear to meet the “use” criterion. However, if an employee has inadvertently overfilled an underground storage tank from a vehicle, then the employee's negligence, not the vehicle itself, would be the proximate cause.

The matter needs more investigation.