Pollution Question over Gases Released from Dead Body

April 13, 2015

There was a deceased body in an apartment building. Tenant had complained about the smell and alleged damages as a result of the odor. Our insured did not know there was a dead body in the building. Can the fumes/gases released by a dead body be considered a pollutant?

Washington D.C. Subscriber

Dead body gases should not be considered a pollutant since the current trend by courts is to view pollutants and the pollution exclusion in connection with environmental issues. However, before any consideration of exclusions should be considered, where is the liability on the part of the insured? Where is the bodily injury and/or property damage to a third party? The insuring agreement has to be considered first before any exclusions are considered, and these circumstances you describe do not seem to match any part of the insuring agreement.

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