American States Insurance Co. v. Koloms
Supreme Court of Illinois
687 N.E.2d 72 (1997)
Relevant factsFree
A faulty furnace in the Kolomses' (defendants) building emitted carbon monoxide, sickening several tenant employees who sued the Kolomses for negligent furnace maintenance; their insurer, ASIC (plaintiff), sought a declaration that the CGL policy's absolute pollution exclusion — barring coverage for injury from discharge of "pollutants," defined to include fumes — excused it from indemnifying or defending the claims.
IssueFree
Whether the absolute pollution exclusion in a standard-form commercial general-liability insurance policy applies only to hazards traditionally associated with environmental contamination and thus does not exclude coverage for bodily injury from carbon monoxide fumes.