Does Insurance Cover Damages for Injuries Caused by Mercury ?
In Economy Preferred Insurance Co. v. Grandadam, 275 Ill. App. 3d 866, 212 Ill. Dec. 190, 656 N.E.2d 787 (1995), the insured sought coverage for damage and injuries caused when the insured's minor son spilled a container of mercury in a neighbor's home. Grandadam, 275 Ill. App. 3d at 868.
The parties agreed that the mercury was a pollutant (Grandadam, 275 Ill. App. 3d at 868), and the appellate court held that the absolute pollution exclusion applied to preclude coverage (Grandadam, 275 Ill. App. 3d at 869-72).
The court also stated that it "might view this case differently if mercury was released from a broken household thermostat or thermometer.
It is possible that in such a situation mercury would not be considered a pollutant." Grandadam, 275 Ill. App. 3d at 873.