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Auto-Owners Ins. Co. v. Reed

ELR Citation: 37 ELR 20200
Nos. No. A07A0338, (Ga. Ct. App., 07/16/2007)

A Georgia appellate court held that a trial court erred in holding that an individual's claim of carbon (CO) monoxide poisoning against her landlord was not excluded from coverage under the landlord's commercial general liability policy. The policy at issue excludes coverage for damages resulting from the "discharge, dispersal, seepage, migration, release or escape of pollutants" defined as "any solid, liquid, gaseous or thermal irritant or contaminant," including "fumes." There is no dispute that CO is a fume and a gaseous irritant or contaminant. Consequently, it falls within the policy exclusion. The court, therefore, reversed the trial court's denial of the insurance company's motion for summary judgment.