Pollution Exclusion Applies to Cleanup of Corpse?

June, 2002

We are adjusting a claim for the cost of cleaning up a corpse that had decayed within an insured condominium unit. The unit is insured with an ISO HO 00 06 form with attached endorsement HO 17 32, unit owners coverage A special coverage.

The insurer is denying the claim based on the pollution exclusion, which voids coverage for claims arising from the discharge, dispersal, seepage, migration, release, or escape of pollutants unless caused by a Coverage C named peril. However, we don't believe that a corpse qualifies as a pollutant and think the policy should respond.

Can you offer an opinion?

Florida Subscriber

It is our opinion that the policy should pay these cleanup costs. While bodily fluids may become contaminants, we do not believe that they qualify as pollutants under terms of the homeowners forms.

Some courts, albeit interpreting CGL policies, have reasoned that the pollution exclusion is intended to preclude coverage for environmental damage. This claim does not reflect pollution of the natural environment.