Algae as a Contaminant under CGL Form

March 10, 2016

We have a claim with a company that provides swimming pool maintenance as well as lifeguards. The claimant alleges that she slipped and fell on algae that formed around a drain due to stagnant water being formed.

My question is would algae be considered a microorganism or organic contaminant? And if so, would it be excluded even though the claimant was not injured by it but slipped on it?

Kentucky Subscriber

The claimant slipped on the algae and was injured so you cannot really say she was not injured by the algae but only slipped on it. If the claimant slipped on water or tripped over a chair and was injured, the insured could still be held to have acted negligently even though the water or chair did not injure the claimant, so it is the same with slipping on algae.

As for algae, the opinion here is that algae is an organic contaminant in this instance, especially since the exclusion you sent states the following: “including but not limited to mold mildew, fungus, spores.” Algae is a plantlike organism, a biological (living) organism, so the exclusion would apply.

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