Waste from Dogs Left Alone
May 23, 2016
The landlord owns a home insured on a DP-3. The tenant dies off premises, leaving two dogs inside, unknown to the landlord. By the time the landlord discovers the presence of the dogs, waste is everywhere in the unit. The insurance company has denied the claim stating that the waste is a pollutant. What are your thoughts?
North Carolina Subscriber
This answer is based on form DP 00 03 07 14. Exclusions in any policy are to be read narrowly. “Pollution” is defined as “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”; these items are generated by industrial actions and not bodily functions of humans or animals. The waste is a contaminant according to the definition on Merriam Webster Online of “to contaminate,” which is “to soil, stain, corrupt, or infect by contact or association; to make inferior or impure by admixture.”
While doggie waste will soil property, it does not fall in line with the examples given in the list. The principal of ejusdem generis applies, which is that where a class of things is followed by general wording that is not itself expansive, the general wording is usually restricted things of the same type as the listed items. Had the form writer wanted to include biological waste or other material it could have easily been done. The loss should be covered.
Editor's note: An astute subscriber pointed out that while the waste is not excluded as pollution, it is excluded in another section of the exclusions under Perils Insured Against A.2.c.(8)(h) Nesting or infestation, or discharge or release of waste products or secretions, by any animals. Which reminds us all to look at all parts of a policy, not just what we suspect is the section we need.
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