11th CCA Holds-Aroma Of Indian Food Is Pollutant, Falls Under Ins. Policy’s Pollution Exclusion Clause. (bit.ly/mC7gaS) (LexisNexis)

Curry aroma is a contaminant/pollutant falling under insurance policy exclusion, thus coverage rightfully denied. Maxine Furs v. Auto-Owners (Maxine Furs shop was adjacent to an Indian restaurant, the two establishments shared air-conditioning ducts, which caused the furs to smell like curry. Maxine had the affected furs cleaned and then submitted a claim with Auto-Owners Insurance Company. Auto-Owners denied coverage based on the absolute pollution exclusion clause in Maxine’s policy. Maxine sued as the parties disagreed whether curry aroma is a pollutant. The district court concluded that coverage was excluded. The full opinion can be found at LexisNexis.com.

Contra, a New York federal court’s 2010 decision in Greengrass v. Lumbermans Mut. Cas. Co., 2010 U.S. Dist. LEXIS 76781, No. 09 Civ. 7697 (S.D.N.Y. July 27, 2010), which held that the absolute pollution exclusion did not preclude coverage for odors emanating from the “Sturgeon King‘s” delicatessen.

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About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
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2 Responses to 11th CCA Holds-Aroma Of Indian Food Is Pollutant, Falls Under Ins. Policy’s Pollution Exclusion Clause. (bit.ly/mC7gaS) (LexisNexis)

  1. Pulitzer prize stuff in attendance.

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