The insured has a lake home, on a crawl space, crawl space is cement paved, with [4] sump pumps, that drain into the lake. The insured has had home for a number of years, with no problems; he went to visit the cottage, and noticed a strong smell in the home, and hired a contractor to go into crawl space. The contractor discovered many large dead frogs in the sump pumps, creating a strong smell.
The contractor believes they came in via the tile/drainage lines going into the lake, and has placed screening on the pipe so they cannot enter going forward.
The insured filed a claim looking for coverage for the clean-up of the frogs. The adjuster, I believe, denied under the wrong section of the policy [Landlord's Furnishings?] … but I do not believe there is coverage, due to the other exclusions. Thoughts?
Ohio Subscriber
You are correct, the pollution exclusion doesn't apply here, but the exclusion for infestation, nesting, discharge or release of waste products or secretions by any animals does. Frogs fall under the large category of animals, so the deodorization of the area from their intrusion into the crawl space and the removal of the dead frogs from the area is not covered.