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Disinfecting as we re-open after COVID might be pollution

As buildings and businesses re-open with increased disinfecting efforts it poses a threat of injury to personnel and third parties.


A recently resolved 2017 court case (MJH v Westchester Surplus Line) involved a building owner who sprayed pesticide on a property. Two people sued alleging injury by the chemical. In accordance with the policy's pollution exclusion, Westchester (the building owner's insurer) was relieved of obligation to provide cover.


Business tenants, building owners, employees, contractors, customers, etc... the issue can reach any party. Understanding how to properly assess and address the risk involves a state by state understanding of the policy's pollution exclusion. Shifting the risk requires appropriate use of risk transfer mechanism.




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Capell Insurance Management LLC  

Wescosville, PA 18106

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