Case: Church Mutual Insurance Co. v. Clay Ctr. Christian Church, et al., No. 13-1613, 2014 WL 1181608 (8th Cir. Mar. 25, 2014) (to be published). To read the full opinion, click here.

A minister’s estate and widow brought a wrongful death and injury claim against an insured church 21 months after the minister was fatally overcome by carbon monoxide in the rectory and the widow suffered bodily injuries. After the insurer issued a reservation of rights and started a declaratory action, the claimants entered into an assignment agreement with the church, which consented to judgment collectible only from the church’s insurance policy. Applying Nebraska law, the United States Court of Appeals for the Eighth Circuit held that the pollution exclusions in a general liability policy and an umbrella policy preclude coverage for bodily injury and death caused by carbon monoxide released from a heating system in a private home.

The court held that the words “irritant” and “contaminant,” as used in the definition of “pollutants,” are unambiguous, and that carbon monoxide is a contaminant and therefore a “pollutant” within the meaning of the exclusion. According to the Eighth Circuit, because the interpretation of an insurance policy is a question of law, the district court did not abuse its discretion in excluding expert testimony regarding the meaning of the words “irritant” and “contaminant.” [Continued:  To read the full analysis, including review of four other pollution exclusion cases, and to access the related court opinions, please click here.