Pennsylvania Court Rules Carbon Monoxide is a Pollutant
Sherilyn Pastor and Louis A. Chiafullo of McCarter & English, LLP
A Pennsylvania appellate court ruled that the absolute pollution exclusion bars coverage for carbon monoxide-related injuries. In Matcon Diamond, Inc. v. Penn National Ins. Co., No. 186 WDA 2002 (Pa. Super., Jan. 17, 2003), a policyholder was sued when its employee succumbed to carbon monoxide fumes while using a gas-powered tool in an enclosed workspace. The policyholder turned to its insurer for a defense, but the insurer denied coverage based on its pollution exclusion.