Is Vent Dust a "Pollutant"?

June 4, 2018

My claim involves a duct cleaning contractor who failed to close off a vent.  The contents of the ductwork were spewed into a bedroom.  There has been no testing of the "dust" contents but the claimant alleges that particulates that cannot be cleaned damaged his property.  The loss state is NJ.  Our policy contains an exclusion for Microorganisms, Biological Organisms or Organic Contaminants which states:  This insurance does not apply to:  Liability, injury or damages of any kind, to include but not limited to "bodily injury", "property damage" or " personal and advertising injury", including costs or expenses, actually or allegedly arising out of, related to, caused by, contributed to by, or in any way connected with actual, alleged or threatened past, present or future claims arising in whole or in part, either directly or indirectly, out of the exposure to, presence of, formation of, existence of or actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of any microorganisms, biological organisms or organic contaminants, including but not limited to mold, mildew, fungus, spores, yeast or other toxins, allergens, infectious agents, wet or dry rot or rust, or materials of any kind containing them at any time, regardless of the cause of growth, proliferation or secretion; or  (2) Any loss, cost or expense arising out of any:  (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of microorganisms, biological organisms or organic contaminants, including but not limited to mold, mildew, fungus, spores, yeast, or other toxins, allergens, infectious agents, wet or dry rot or rust, or any materials containing them at any time, regardless of the cause of growth, proliferation or secretion.  My question is would dust from a vent be considered a microorganism, biological organism or organic contaminant in NJ?  There are no lab tests or scientific data to identify what's in the dust. 

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