Q: Is a "pollution exclusion" clause on an insurance policy an all encompassing clause with no exceptions?
Was wondering if this is an all encompassing clause? My house became contaminated by some sort of fumes related to criminal activity as some squatters/drug dealers moved into a nearby abandoned house and cooked up something that got into my vents and the whole house. I've dealt with the police and various agencies yet none were able/willing to do anything. Strange.
The insurance company is denying the claim claiming that it's pollution related. I've read the policy clauses and their exclusion basically boils down to any contamination related to the air being polluted--as in chemical spills, fires, etc. The question is since this has its origin in criminal activity, is there a way this could actually be covered?
There are different types of pollution exclusion clauses, and various exceptions depending upon the type of clause in your policy.
One very common exception that may apply is the hostile fire exception. This often applies to smoke or fume damage when the source is an incident away from your premises.
It depends upon the language of the clause and any applicable endorsements.
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