Figuli v. State Farm Insurance, 2012COA53 (March 29, 2012)

Raw sewage is a pollutant. When renters discovered toxic mold and raw sewage in their property, they sued the owner, who in turn submitted the suit for coverage under State Farm insurance policies. The policies (a renters policy and a personal injury umbrella policy) contained absolute pollution exclusions. The court of appeals upheld the trial court’s determination that raw sewage was a pollutant, and, therefore, the owner’s liability to the renters for claims arising from raw sewage were not covered under State Farm’s policy.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA0613-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8456&courtid=1

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