Cold Storage

August 30, 2017

Lead-Based Paint Is a “Pollutant” within CGL Pollution Exclusion

Source:, August 2017
By: Kent Holland

Where lead-based paint was ingested by a tenant’s child, the tenant sued her landlord for injuries allegedly sustained by the child. The landlord tendered the claim to its commercial general liability (CGL) insurer who, instead of defending the case, filed a declaratory judgment action seeking a determination that the pollution exclusion of the CGL policy barred coverage for the alleged injuries. The Owner held that, although not specifically listed in the pollution definition as a “pollutant,” lead-based paint is, in fact, a “pollutant” within the meaning of the policy. The policy’s pollution exclusion was, therefore, applicable, and the insurer had no duty to defend and indemnify the landlord. See Georgia Farm Bureau Mut. Ins. Co. v. Smith, 298 Ga. 716, 784 S.E.2d 422 (2016).

The terms of the CGL policy required the insurer “to pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’” … “only if: (1) the ‘bodily injury’ or ‘property damage’ is caused by an ‘occurrence’ that takes place ….” An occurrence is defined as “an accident.” Coverage was subject to exclusions, including the pollution exclusion, which provided that the insurance does not apply to “(1) ‘[b]odily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ‘pollutants’: (a) [a]t or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured.”…

March 31, 2011

In brief: Storage company fined for 2007 ammonia leak

Source: Spokesman-Review (Spokane, WA), March 29, 2011
Posted on:

Empire Cold Storage will pay a $67,142 fine for failing to report the release of an estimated 400 pounds of anhydrous ammonia in 2007 from its Spokane warehouse.

No injuries were reported from the leak on July 14, 2007, which occurred over about three hours at 1327 N. Oak St. Company officials failed to immediately report the leak to local and state authorities, according to the U.S. Environmental Protection Agency, which reached a settlement with the company.

Empire Cold Storage uses large amounts of anhydrous ammonia as a refrigerant. The toxic gas attacks the skin, eyes, throat and lungs. It can cause serious injury or death.

Armed man robs Valley mini mart

A clerk at a convenience store in Spokane Valley was robbed Sunday by a man who showed the butt of a pistol hidden under a coat.…