Q

My insured has an indoor swimming pool. Two children collided while swimming and broke their face masks. The glass from the masks sank to the bottom of the pool, which had to be emptied, vacuumed, and refilled. I think the cost of refilling the pool should be covered by the insurance policy, but the carrier is denying the claim because of the pollution exclusion.

Is the glass a pollutant?

North Carolina Subscriber

A

The claim should be covered. Glass is not a pollutant. It did not cause the water to become impure or unclean; rather, the glass made the pool unsafe and therefore it had to be removed.