I had a recent claim that was denied by Travelers as they are deeming smoke from a fire as a pollutant. Therefore, any resultant cleanup is not a covered claim since it falls under the definition of a pollutant. Our insured is a contractor who installs appliances on behalf of Home Depot and other retail outlets. They installed a range in a home and turned it on to burn off any excess, and told the homeowner to leave it on for 30 minutes. However, the insured forgot to remove a cardboard box, that contained a part for the oven, from the oven. The cardboard box caught fire, filling the house with smoke. Home Depot replaced the damaged stove after the incident (not at out insureds cost). The homeowner is now requesting coverage for smoke damage to drapes, furniture, duct cleaning and wall painting.

Ohio Subscriber

The CG 00 01 includes smoke in its definition of pollutants, including soot, vapors, and other gaseous or thermal irritants. Also under exclusions is an exclusion for injury or damage arising out of heat, smoke, or fumes from a “hostile fire”. A “hostile fire” is one that becomes uncontrollable or breaks out from where it was intended to be. The cardboard catching on fire was a hostile fire. The carrier is correct, the smoke damage is excluded.

Editor's Note: One of our attentive readers indicated that we were incorrect, that there is an exception to the exclusion for hostile fire. Upon reviewing the policy we realized they were correct, we indeed missed it and apologize for our error. We are indeed human, and now and again miss something. We apologize for any confusion. The smoke damage should be covered.