Source: Berkley Environmental, December 14, 2016
Legionella is a bacteria that can grow in hot tubs, cooling towers, hot water tanks, large plumbing systems, or the air-conditioning systems of large buildings. The bacteria spreads through the inhalation of water vapor and can cause Legionnaires’ disease. Legionnaires’ disease is a severe, often fatal, form of pneumonia and it’s not uncommon for patients to be admitted to the intensive care unit. Some patients unfortunately will suffer long-term health effects due to the exposure of Legionella. Last year, in an outbreak in NYC that made national news, 12 people died and 57 were hospitalized from Legionnaires’ disease.

Facts & Warnings [1]

• About 5,000 cases of Legionnaires’ disease are now reported each year in the United States. [2]
• About one out of every 10 people who get sick from Legionnaires’ disease will die. [3]
• The bacterium was named after an outbreak in 1976, when many people who went to a Philadelphia convention of the American Legion got sick with pneumonia (lung infection).
• People can get Legionnaires’ disease when they breathe in a mist (small droplets of water in the air) that has been contaminated with Legionella.
• Keeping Legionella out of water systems in buildings is key to preventing infection.

Legionella is a pollution condition

Legionella is specifically defined as a pollution condition in the Berkley Site Specific Pollution (SSP) policy form. The policy provides cleanup costs as it relates to Legionella. Additionally, the policy provides coverage for any resulting bodily injury, property damage, and associated defense costs. The policy also pays for any continued medical monitoring required as a result of Legionnaires’ disease. Other available coverages include first party business interruption losses and crisis management assistance as a result of Legionella.

Examples of Legionella events**

Legionella bacteria was found at an elementary school during a routine inspection by the health department. The health department required that the water at the school be treated. The school had to hire a certified water treatment firm to do the work. The parents were notified of the issue and had their children tested for exposure to Legionella. This incident made the local news.
Legionella was discovered in the water supply of a large residential development. All the residents had to vacate their homes, while the water system was treated for this harmful bacteria. In addition to the remediation costs, several residents sued the landlord claiming bodily injury from exposure to the Legionella.
** These are general examples; any claim would be addressed under the facts unique to it and the relevant policy terms and conditions.

Footnote

1. CDC, (n.d.), Legionella (Legionnaires’ Disease and Pontiac Fever). Retrieved from: https://www.cdc.gov/legionella/fastfacts.html
2. Dooling KL, Toews KA, Hicks LA, et al. Active Bacterial Core Surveillance for Legionellosis–United States, 2011–2013. MMWR Morb Mortal Wkly Rep. 2015;64(42):1190–3.
3. Correia AM, GonCalves J, Gomes, JP, et al. Probable Person-to-Person Transmission of Legionnaires’ Disease. N Engl J Med. 2016;374:497–8.