Homeowners Exclusion for Loss Caused by Civil Authority

We have an insured with an AAIS homeowners form 3. Recently, the police fired tear gas into the insured's home with the intention of apprehending a wanted felon.

Now we have been presented with a claim for the damage done to the interior of the dwelling as well as to the contents. We do not think this loss is covered, but would like to have your opinion.

Illinois Subscriber

You are correct—the loss is not covered. Two exclusions apply. The first of these is for loss resulting from order of civil authority, unless the loss results from acts taken to prevent the spread of fire caused by an unexcluded cause of loss. This exclusion is prefaced by the “concurrent causation” language so that the exclusion applies no matter what factors contribute to or aggravate the loss. The second exclusion is for loss caused by the release of pollutants (“any…gaseous…irritant or contaminant”) unless caused by a peril insured against under the coverage C named perils. In this case, no named coverage C peril applies, so again, an exclusion precludes coverage.