Reed v. Auto-Owners Ins. Co., Reed v. Auto-Owner's Ins. Co

In Reed v. Auto-Owners Ins. Co., Reed v. Auto-Owner's Ins. Co., 284 Ga. 286 (667 SE2d 90) (2008), a tenant had sued her landlord for injuries she sustained when the heating system in her rental house released carbon monoxide gas into the home. The landlord tendered the claim to his insurer, which disclaimed coverage based on the policy's pollution exclusion clause. The insurer sought a declaratory judgment that carbon monoxide fell within its policy's definition of pollutant. After the trial court denied the insurer's motion for summary judgment on this question, the insurer appealed and this Court reversed, summarily concluding that "there is no dispute that carbon monoxide is a fume and a gaseous irritant or contaminant. Therefore, it falls clearly within the policy exclusion." Auto-Owners Ins. Co. v. Reed. Auto-Owners Ins. Co. v. Reed, 286 Ga. App. 603, 605 (649 SE2d 843) (2007).