Regional Bank Of Colorado, N.A. v. St. Paul Fire And Marine Insurance Company

35 F.3d 494 (10th Cir. 1994)

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Nature of the Case

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Facts

P had in effect a comprehensive general liability policy of insurance issued by D. Debra Seibert rented an apartment for occupancy by herself and her minor son. Debra Seibert was pregnant with her daughter, Brandy Loague. P owned the apartment. On the night of January 29, 1988, Seibert and her son were taken to the Hospital suffering from inhalation of carbon monoxide allegedly emitted from a faulty wall heater in the apartment. Seibert and her son filed a civil action against P. P filed an action for a declaratory judgment with respect to coverage and duty to defend on a claim for carbon monoxide poisoning under the comprehensive general liability insurance policy issued by D. The policy contained a 'pollution exclusion' clause. The Exclusion reads: Pollution means the actual, alleged, or threatened discharge, dispersal, release, or escape of pollutants. Pollutants are any solid, liquid, gaseous, or thermal irritant or contaminant, including: -smoke, vapors, soot, fumes;-acids, alkalis, chemicals; and -waste... The trial court ruled for P and D appealed.