A Swat team of the local authority depolyed tear gas in the home of our insured seeking to take into custody a named insured. The policy is a HO 00 08 (04/91). Courts have generally held this type of loss is sudden and accidental.

Would the tear gas be considered 'smoke' to trigger coverage on this closed peril policy? CS or tear gas is a chemical compound dispersed as a fine particulate that forms the charateristic of smoke and leaves a soot like residue on dwelling and personal property. The damage to the property was burn marks on the floor and residue and odor throughout the dwelling. 

Massachusetts Subscriber