NOTE – This is from our older court case archives. It may involve situations that are inapplicable to newer coverage forms. Please be aware of this possibility when reading and using this case.

---

Additional Living Expenses Held Not Recoverable Following Contamination

---

Homeowners Insurance	Civil Authority
Additional Living Expense

Homeowners insureds appealed a trial court judgment against them, and in favor of their insurer, in their effort to recover substantial additional living expenses when they were directed by a fire department chief to vacate their home because of the presence of methane gas. It was established that the highly explosive gas from an adjacent landfill had penetrated their house and water well, contaminating both.

The insureds claimed that their expenses were covered by the policy as a “loss of use” of their home. The insurer had denied coverage because of a specific exclusion in the policy for damages caused by “contamination.” It also stressed that the insureds had previously filed a lawsuit against the owner of the landfill and had been substantially compensated for their losses.

Referring to popular dictionary sources, the appeal court found the usual and ordinary meaning of the word “contamination” to be “to render unfit for use by the introduction of unwholesome or undesirable elements.” It concluded that the gas that rendered the house and well unfit for use was in that category.

The judgment of the trial court in favor of the insurance company and against the insureds was affirmed.

Hartory Et Al., Plaintiffs, Appellants, Cross-Appellees V. State Automobile Mutual Insurance Company, Defendant, Appellee, Cross-Appellant, Ohio Court of Appeals, Eleventh District. Geauga County. No. 1395. June 27, 1988. CCH 1989 Fire and Casualty Cases, Paragraph 1512.