Oven Cleaner as Pollutant

February 17, 2010

A question has surfaced concerning application of the pollution exclusion language contained in the HO 03 04 91.
The insured applied oven cleaner to kitchen cabinets, which resulted in damage to all cabinet surfaces arising out of contact with the chemicals.

The form reads as follows:
Section I Perils Insured Against Cov A & B does not insure loss:
2. Caused by…
e. any of the following
(5) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by a Peril Insured Against under Coverage C of this policy.
“Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. “Waste” includes materials to be recycled, reconditioned, or reclaimed.
The 1991 policy requires that one of the named perils under coverage C must cause the chemical release in order for coverage to apply. None of the listed causes of loss are present.
A difference of opinion exists over if this claim should be denied based on whether the oven cleaner is a pollutant.

Ohio Subscriber

While oven cleaner is a purchasable product, that doesn't mean it isn't a pollutant. Most oven cleaner containers have warnings to avoid contact with skin or eyes, avoid breathing the fumes for any length of time, and otherwise indicate that it's toxic. If you look at the Easy Off Web site, http://www.easyoff.us/faq.shtml, they readily admit it's a caustic substance. Therefore, the pollution exclusion would apply.

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