Gamble Farm Inn, Inc. v. Selective Insurance

BECK, Judge:

The issue is whether the “pollution exclusion” in a commercial Comprehensive General Liability insurance policy applies to deny coverage for damages arising out of the release of carbon monoxide within a restaurant when the restaurant’s hot water heater malfunctioned. We hold that the pollution exclusion does not apply to the facts of this case, and therefore affirm the trial court’s entry of summary judgment in favor of the insured restaurant.

The relevant facts are not in dispute. Appellant Selective Insurance Company issued a Comprehensive General Liability (“CGL”) insurance…