Q

An insured knocked over a medical instrument that contained mercury. The mercury spilled and cleanup costs were incurred. The property is covered by BOP form BP 00 02 12 99, the special property coverage form.

Exclusion j., pollution, states that pollution damages are not covered unless they are caused by one of the specified causes of loss. Falling objects are included within the specified causes of loss. Can the medical instrument's falling and breaking be considered damage from a falling object?

New York Subscriber

A

The definition of specified causes of loss includes some limitations for falling objects. The BOP form states that the peril of falling objects does not include damage to property inside a building or structure unless the roof or an outside wall of the structure first is damaged. There was no damage to the building, so the medical instrument accident does not qualify as a falling object. There is no coverage for pollution arising from this accident.