JUDICIAL DEVELOPMENTS

November 2008

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District Court Finds Spilled Heating Oil Did Not Constitute a ‘Pollutant’ under the Clean Water Act or Fall under the Pollution Exclusion of a Homeowners Insurance Policy
Whitmore v. Liberty Mutual Fire Insurance Co., ___ F.Supp.2d___

On December 9, 2006, Major Oil delivered heating oil to the Whitmores at 1710 Maryland Street, Philadelphia, Pennsylvania and spilled about ten to 15 gallons on the floor of the Whitmore’s basement. The basement is sealed and there is no proof that the heating oil was discharged to soil or that it leaked through the basement into the groundwater. Liberty Mutual, the Whitmore’s carrier, denied coverage because heating oil is a pollutant under the Clean Water Act but the U.S. District Court disagreed and found that it was not a pollutant because the heating oil was not discharged to the environment.