The insured is a homeowner in Oregon. There were wildfires in the forests around his neighborhood, but the fire never got closer than 3 miles from his house, so he never had to evacuate. Nevertheless, the smoke was thick in his area, and enough of it penetrated into the inside of the house to leave a faint but noticeable smoky odor that does not seem to be going away. The insured is requesting smoke remediation to be performed in his house and on some of his contents.
Notable Timestamps
[ 00:18 ] – The interior and exterior of the insured’s home was left with a smoky odor after a local wildfire, and the insured is seeking remediation under the standard ISO form.
[ 01:10 ] – The team discusses the prevalence of wildfires in recent years.
[ 03:25 ] – In most jurisdictions, odor is considered a physical loss because it is caused by particulate matter, and it’s a named peril.
[ 04:27 ] – COVID particles die off quickly, whereas smoke particles tend to adhere for much longer.
[ 05:50 ] – Is the insured being “overly sensitive”? How to decide whose nose knows? Objective criteria like smoke particles can be objectively measured, and a medical opinion is another form of evidence.
[ 07:57 ] – In the pollution exclusion, “smoke” is specifically listed… but the pollutant was released by a coverage C named peril… namely smoke!
[ 10:50 ] – ALE could even apply if the odor made the home not fit to live in. Furniture could need repair or replacement.
[ 13:37 ] – The fire’s Canadian origin likely doesn’t affect coverage.
[ 15:00 ] – Tim provides a recap of the scenario and the points above.
Your PLRB Resources
HO Policy on Smoke Peril (HO55) – https://search.plrb.org/?dn=148&src=gsa
TYCK on Smoke Damage to Homes from Neighboring Wildfires – https://search.plrb.org/?dn=57796&src=gsa
Coverage Question “Home Suffers Odor From Wildfire Smoke” – https://search.plrb.org/?dn=26481&src=gsa
CE Course on “Investigating and Resolving Different Types of Wildfire Losses“ – https://www.plrb.org/public2/dislearn/description.cfm?mod=p0093
Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/container.cfm?conlink=sec/cq/default.cfm) at no additional charge to you or your company.
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