Special Commercial Property Form VS All Risk

[insurance1822]

I thought these two were synonymous anymore. I had an insured get a claim died (cleanup for somebody who deceased in her building..) and her "lawyer" is telling her she should have had "all risk" insurance.

They're on a special form commercial policy.

Is this a lawyer talking out of his @$$?

 

[hesse]

what exclusion are they using to deny the claim?

 

[insurance1822]

Pollutant exclusion & seepage exclusion. The person passed away on their couch, and apparently much of the cost was to remove/dispose of that couch. The person also decomposed through the couch into the flooring which was about 30% of the cost. Total cost 18k.

Apparently in my state this has been taking to the state supreme court where the state sided w/ the insurer, but that was Lloyds who's pollution exclusion was pretty specific whereby in this case the CP pollution exclusion doesn't really seem relevant to what happened here. It's BS

 

[cola2001]

So they called the dead body a pollutant? If so, that's great if property was written on an ISO form with Special cause of loss. The insurer should pick that up, as long as a decomposing body wasn't specifically named as an excluded peril and the damaged property was the insured's property.