The current ISO homeowners form 3 excludes damage done by the “release, discharge, or dispersal of pollutants or contaminants.” Webster's Ninth New Collegiate Dictionary says that a contaminant is something that contaminates—it soils, stains, corrupts, or infects by contact or association. This is what the artillery fungus has done and such damage would be properly excluded by an ISO homeowners.

However, as we have said on other occasions, we do not believe that this is the type of claim intended to be reached by the exclusion. It is a sudden and accidental claim and out of the control of the insured. The insurer must examine its own claims-paying philosophy regarding payment of the claim. But, as we said, it is technically not covered.

On the other hand, one independently filed homeowners form does not contain such wording. Rather, it excludes contamination—a process that occurs over time. That is what we believe to be the spirit of the exclusion—to avoid coverage for the long-term contamination and pollution exposure.

If the homeowners carrier does pay the claim, then it has a cause of action against the nursery that provided the mulch. However, if the homeowners insurer denies the claim, then the insured homeowner must institute his own action against the nursery.