The insured homeowners burned decorative, scented candles for a number of weeks over the winter months and holiday season. As a result, smoke and soot buildup from the candles damaged their dwelling and other personal property. They submitted a claim to their insurer for the clean-up and repair. The insurer denied the damage based upon the pollution exclusion in the homeowners policy.

Summary judgment was entered in favor of the insurer. The homeowners appealed, claiming that pollutants were environmental discharges and did not apply.

Review of the policy language specifically showed that pollutants include soot and fumes. Smoke that is sudden and accidental is covered; however, in this case, the damage was not deemed sudden or accidental and occurred over a period of weeks.

The summary judgment decision of the original court was affirmed.

Mike Sokoloski et us., Plantiffs-appellants v. American West Insurance Company, Defendant-Respondent, MontSCt. No. 98-658. Filed May 11, 1999 Affirmed. On Appeal from the District Court of McCone County. CCH 1999 Fire and Casualty Cases, Paragraph 6640.