Our insured is a contractor and sprayed a chemical solution in the claimant's attic to remediate mold. The liquid spray leaked through the attic floor and ceiling, causing damage to the carpeting in the rooms below. We have a CGL form with the standard pollution exclusion. Does the pollution exclusion apply?

Ohio Subscriber

The pollution exclusion in the standard CGL form states that there is no coverage for property damage arising out of the actual discharge, dispersal, seepage, or escape of pollutants at or from any premises, site, or location on which any insured is performing operations if the pollutants are brought on or to the premises, site, or location in connection with such operations by the insured.

The chemical solution is, no doubt, a pollutant as defined in the policy and there was a release or seepage of this pollutant that caused the property damage. And since the insured brought the chemical solution onto the premises in order to do his work, the pollution exclusion does apply to the claim.

There are exceptions to this part of the pollution exclusion, but none of them are applicable in this instance.