Issue link: https://read.uberflip.com/i/374170
The court also held that the exception in the policy based on an allegation that the "pollutants" were brought on or to the premises did not apply as the nitrogen dioxide and carbon monoxide were not brought to the arena but rather created by the ice resurfacer, which was in a state of disrepair and did not properly combust its propane fuel. The ice arena made the final argument that it should have been covered by the policy based on its expectation that any injury caused by an ice resurfacer should be covered by insurance issued to an ice rink. However, the court held that the ice arena asked for insurance coverage tailored to an ice arena and that is what it obtained. The exclusion for pollutants was clear and unambiguous and therefore no coverage was provided by the policy. Safety Awareness and Insurance Understanding Go Hand in Hand The lesson to be learned from the ice arena's unfortunate experience is that it is imperative for rink managers to be sure that their equipment, including ice resurfacers, water heaters, dehumidification equipment and other fossil fuel-burning sources, is well maintained and not emitting excessive levels of carbon monoxide, nitrogen dioxide or any other dangerous gases. From a risk management perspective, it is equally important that the rink manager review the rink's insurance policies to be sure there is language in the policy that insures coverage specifically for injuries caused by carbon monoxide or other "pollutants." Don't assume that just because the rink obtained a policy marketed to ice rinks that there will be coverage for these types of injuries. J Paul W. Smigliani is a partner at Munro Smigliani & Jordan LLP, a civil litigation firm specializing in multiple areas including insurance litigation and coverage and sports and recreation law. Paul is admitted to practice in California and Arizona. Paul is also a USA Hockey Certified Level 4 Coach with the San Diego Jr. Gulls Bantam AAA team. Any questions about this article can be directed to psmigliani@msjlaw.com. STARRINKS.COM SEPTEMBER.OCTOBER.2014 / 37 These facilities benefit from ARID-Ice desiccant dehumidification for full capacity enhanced humidity control while maintaining automatic indoor air quality. ARID-Ice units are equipped with: • Turbo Vapor Boost ™ reactivation energy control circuitry providing extreme capacity in humid conditions. • State-of-the-art enhanced silica gel desiccant wheel with long lasting seals. • Highly efficient reactivation circuits that deliver dry air on demand maximizing the capability of the ice plant and maintaining a dry building. ARID-Ice by Controlled Dehumidification IMS has provided humidity and indoor air quality control equipment to the Pittsburgh Penguins, New Jersey Devils, Jacksonville Barracudas, Florida Panthers, Houston Aero's, University of Notre Dame and Penn State University to name a few. Over 400 NHL,Triple A, Double A, Collegiate, Recreational Ice Rinks and Curling Clubs Across North America are Fog, Condensation, Mold and Drip Free. Why? They have ARID-Ice ™ . Contact our application specialists to learn how your arena can benefit from ARID-Ice technology. Call 810-229-7900 today. cdims.com Rink_Rink 12/3/13 10:42 AM Page 1