A commercial general liability policy with a pollution exclusion does not protect a Virginia homeowners association from lawsuits filed by swimmers alleging they were injured by chemicals discharged into the community pool.
That is the argument made by Philadelphia Indemnity Insurance Co. in a federal court action seeking declaratory judgment that it is not obligated to cover the Harper’s Mill Homeowners Association in Richmond for lawsuits stemming from the alleged chemical discharge by a lifeguard employed by a pool maintenance company.
On June 15, 2022, Harper’s Mill contracted with a swimming pool operating company, SwimMetro