Indoor carbon monoxide isn't exempt from policy, Minn. high court rules

06/10/2013 | Lexology.com (free registration)

The Minnesota Supreme Court has ruled that the indoor release of carbon monoxide qualifies as a pollutant under a general liability policy, rejecting claims by Midwest Family Mutual Insurance that the release was excluded for a contractor that installed a residential boiler. The contractor was sued by the homeowners, who suffered carbon monoxide poisoning. "While there may be substances that are difficult to establish as 'pollutants' for purposes of the absolute pollution exclusion, carbon monoxide is not one of them," the court said.

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