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July 14, 2016  

 
 Q&A of the Week
Deer Blood and the Pollution Exclusion

A Pennsylvania subscriber recently asked the following question:

We represent a church that had a deer jump through a sanctuary window resulting in physical and blood damage to the building, including pews and pew cushions. The deer eventually left the structure through another window in an adjacent school hallway. The church is covered under Special Form CP 10 30 06 07. The carrier has put us on notice that they may attempt to deny the deer blood damage under the pollution exclusion. Does this exclusion apply to the deer blood damage?


ANSWER: While an argument could be made for blood to be categorized as "waste" within the meaning of the pollution exclusion, this is a stretch. We noted in a published Q&A regarding a homeowners policy and human blood (but with a similar pollution exclusion), "While bodily remains need to be cleaned up, they are not waste in the sense that they can be recycled, reconditioned or reclaimed. The pollution exclusion applies to gaseous, liquid or solid irritants including alkalis, acids, etc. While cleaning up a body may be distasteful, human remains aren't an irritant in the chemical sense that is described in the pollution exclusion. The exclusion specifically refers to manmade pollutants or contaminants, and exclusions are to be read narrowly. Therefore the remains are not pollutants and are not excluded." This is referring to human remains, but the same would apply to deer blood.

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 What's New This Week in FC&S
Manmade Earthquakes: Fracking and Wastewater Injection

Hydrologic fracturing, also known as fracking, has become an issue to many due to concerns that it contaminates ground water and causes earthquakes. Read More
 
 Litigation Watch
Estranged Husband as a Resident Spouse

The plaintiff auto insurer brought an action against the defendant insurer, seeking a contribution from the defendant toward underinsured motorist (UIM) and personal injury protection (PIP) benefits that the plaintiff paid to its insured. This case is IFA Insurance Company v. Government Employees Insurance Company, 2016 WL 1948775.

Falana and Oropeza were married in 1999 and moved into Falana's home in Collingswood. In 2011, Falana abandoned Oropeza without prior notice and moved to the Jersey Shore; Falana testified that he intended to divorce Oropeza.
 Read More
 
 Fraud of the Week
Property Fraud – Nevada
AMOUNT: Unknown


A Nevada woman filed a claim for several Louis Vuitton items that she claimed were stolen from her home during a burglary. Read More
 
   
 FC&S Ask the Experts
Did you realize that the Q&A section of FC&S is made up of questions submitted by subscribers like you?

Paid subscribers to FC&S Online or print FC&S Bulletins are invited to submit insurance coverage questions to the editors. We'll provide a personalized opinion within five business days. (We'll let you know if it will be longer than that. Sometimes we have to gather research or other supporting materials).

Who knows? Your question may be featured (anonymously) in the online Q&A of the Week or as an FC&S update.

Submit your coverage interpretation question right to the editors of FC&S for quick and reliable information. Ask our expert staff a question by clicking here.
 
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FC&S editors regularly conduct web-based demos of the service. Feel free to contact Christine Barlow, cbarlow@alm.com, to set one up! They only take 30 minutes, a small investment of time that will help you learn all that FC&S Online has to offer.
 
 Contact Us
As always, your comments and questions are welcome.

Contact us at:
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Phone: 800-543-0874
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The Zalma Insurance Claims Library
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FC&S Team
Kelly Maheu, J.D.
Publisher
  Diane W. Richardson, CPCU
Consulting Editor
Christine G. Barlow, CPCU
Managing Editor, FC&S
  Diana B. Reitz, CPCU, AAI
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David D. Thamann, J.D., CPCU, ARM
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  Emily Brunner
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  Tosha Brinkman
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Barry Zalma, Esq., CFE
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  Donna Cozatchy
Creative Director

 
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