Determining Death Coverage: Are Bodily Fluids Considered a Pollutant?

8/9/2017 (Permalink)

Are bodily fluids considered a pollutant?

It has been held that living, organic irritants or contaminants do not constitute pollutants under the policy definition because the irritants specifically identified in the definition, namely, "smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste," are primarily inorganic in nature.

The current trend is to view pollutants and the pollution exclusion in connection with environmental issues. Therefore, bodily fluids are not a pollutant, meaning there is coverage in many instances.

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