There is a layer of asbestos siding underneath the vinyl siding. This asbestos material breaks and needs to be removed for proper installation of new siding. Insurance company is taking the position that the cost of removing asbestos materials is not covered due to the pollutant exclusion. The pollutant exclusion appears to be intended for liquid pollutants. Can you provide an opinion on this?
Jonni Bondarenko asked 6 months ago 1 Answers
Dear Jonni,
As you suggest in the way you posed your question, we very much agree that you should argue to your insurance company that the asbestos siding is not a “pollutant” under a reasonable interpretation of that word and therefore does not trigger the exclusion. That said, the determination of whether the cost of removing asbestos siding is covered under your insurance policy depends on the specific wording of the pollutant exclusion and relevant precedents. Generally, exclusions should be interpreted narrowly, and any ambiguity resolved in favor of the policyholder. But insurance companies have a track record of trying to expand the definition of what counts as “pollutants,” often denying or at least trying to deny claims relating to asbestos. And many cases have gone through extensive litigation and appeals on this question with differing results. If your insurance company plays hard-ball, you should consider finding an attorney in your area who specializes in insurance recovery to evaluate the circumstances of your specific asbestos issue, policy-wording, and applicable state law. Good luck! Consider using UP’s Find Help directory as a place to begin your search for an attorney if needed.
Best of luck
Team UP
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