Swimming Pool Accidents
Injury attorney Andrew Alitowski recently authored an article about an insurance issue that involves a swimming pool accident. In May of 2008, the Nautica Isles West Homeowners Association and GRS Management Associates were sued in Palm Beach County state court regarding a swimming pool accident. The allegations of the law suit are that the plaintiff was exposed to dangerous, hazardous, and unsafe sanitary conditions while in the defendant’s swimming pool. (See First Specialty Insurance Corporation v. GRS Management Associates, Inc., et. al., 2009 WL 2524613 (S.D.Fla.)). The plaintiff claimed that he contracted a viral infection from contaminants within the water of the swimming pool. Id. An expert toxicologist’s report submitted by the plaintiff stated that plaintiff contracted the Coscackie virus as a result of ingesting swimming pool water from the defendant’s swimming pool. Id.
There was a primary insurance policy that had a bodily injury coverage in the amount of 1 million dollars. Id. But, it had an exclusi9on section that stated in part the insurance did not apply to pollution and that a pollutant meant “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste…” Id. There was also an excess policy for 2 million dollars. Id. This policy too had the same exclusion language. And there was a general liability policy that also had a similar exclusion policy. Id.
The insurance companies that had these policy exclusions filed motions for summary judgment to get out of the case. Id. They both claimed that they had no duty to defend or indemnify as per the insurance policies. Id. The state court looked at the complaint and saw that it alleged that the plaintiff got sick from ingesting ‘contaminants’ within the water of the swimming pool. Id. The court then looked at the insurance policies and saw that they both had exclusion provisions for ‘contaminants.’ Id. “As defined under the plain language of the policy, the meaning of the term pollutant includes contaminant. Furthermore, cases from this jurisdiction have ruled that similar pollutant clauses encompass “contaminants” and microbes.” Id.
Accordingly, the court granted the summary judgment motions and dismissed the cases with regard to the insurance policy coverage regarding the swimming pool accident.
For information on how to secure your swimming pool safely visit The U.S. Consumer Product Safety Commission
If you have been involved in a swimming pool personal injury case that you would like to find out the answers to, please call and speak to swimming pool personal injury attorney Andrew S. Alitowski or William Ryan Moore at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!
