Pollution Exclusion Does Not Bar Coverage For Carbon Monoxide Suits, Insured Argues

Mealey's (November 10, 2017, 4:29 PM EST) -- SAN FRANCISCO — An Oregon federal judge erred in granting summary judgment in favor of an insurer in a dispute over coverage for underlying carbon monoxide poisoning suits because the pollution exclusion in the policy at issue does not apply to carbon monoxide as it is not an irritant or contaminant, an insured argues in an Oct. 23 brief to the Ninth Circuit U.S. Court of Appeals (Colony Insurance Co. v. Victory Construction LLC, et al., No. 17-35357, 9th Cir.)....