The Pollution Exclusion Can Bar Coverage for Alleged Carbon Monoxide Poisoning Claims
Source: https://www.lexology.com/, November 14, 2019
By: Kevin M. Apollo, Goldberg Segalla LLP
Foremost Ins. Co. v. Rodriguez, a Pennsylvania federal district denied a motion to dismiss a declaratory judgment lawsuit filed by a liability insurer that sought to disclaim coverage for an underlying lawsuit alleging carbon monoxide exposure.
In the underlying state court lawsuit, tenants sued their landlords, alleging that the landlords refused to repair a heating system, which resulted, ultimately, in carbon monoxide poisoning. After the tenants’ hospitalization, the local gas company deemed the heater on the property unsafe, and instructed the landlords to replace the heater. Read more.