Pollution Claim and Mobile Equipment

Our insured was hired by the claimant to replace the entire roof on the claimant's house. The insured brought equipment onto the claimant's property in order to perform the work. Two of those pieces of equipment, a leaf blower and an air compressor, leaked regular unleaded gasoline while being used by the insured. The gasoline caused damage to the claimant's driveway. The claimant is seeking payment for the repairs to the driveway.

We would like to know if gasoline is included in the definition of pollutants. And if so, is there coverage for this claim under the CGL form? We are wondering if the exception to the pollution exclusion pertaining to the operation of mobile equipment would provide coverage.

Pennsylvania Subscriber

Gasoline is a pollutant as defined in the CGL form since it is a liquid contaminant, especially in this situation. As for the pollution exclusion, it would apply to this claim for property damage based on paragraph (d) of the exclusion; this pertains to the discharge or escape of pollutants at any premises on which the insured is working if the pollutants are brought on the premises in connection with such operations.

The exception to the exclusion for mobile equipment is not applicable here since mobile equipment as defined in the CGL form is a type of land vehicle. Leaf blowers and air compressors are not land vehicles. Also, the exception speaks about the escape of fuels or lubricants from a vehicle part designed to hold them. Again, the emphasis here is on a vehicle and that does not include the equipment you described.

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