Dec Page February 2009
Question of the Month
The pollution exclusion in the standard homeowners policy (both the ISO policy and the AAIS policy) specifically excludes claims involving pollutants unless the loss itself was caused by an insured coverage C peril (such as fire, lightning, windstorm, etc., etc.). However, disputes between insureds and insurers over the application of the pollution exclusion seem to be never-ending. These disputes originate in a misunderstanding of the original intent of the pollution exclusion, and continue due to particular judicial interpretations of the exclusion's language.
This article offers a review of the evolution of the homeowners pollution exclusion, as well as court cases that have helped in defining the meaning and intent of the exclusion: Homeowners Pollution Exclusions.
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