We have all seen those TV commercials about secondhand smoke. The evil looking cloud travels from the cigarette smoker’s unit, through the air conditioning vent and into the room where the sweet baby is innocently playing. There is no question that smoke from cigarettes, as well as from other sources such as vape pens and marijuana, are considered a nuisance under most governing documents. But when we are talking about insurance, what is covered and what is not?

Yes, smoke from those aforementioned sources is considered “pollution” under most insurance policies. Therefore, damage from that type of pollution is most likely excluded from coverage. What about other types of claims?

• An owner complains that the board is not resolving their complaints about smoke and sues.
• An owner that is a smoker sues because they want to be able to smoke in their unit / in the common area / on their balcony.
• An owner who uses marijuana for medicinal reasons sues for the right to smoke it.

These examples boil down to claims about the board’s right and responsibility to create and enforce rules for the association. Most policies for community associations will step up and defend actions relating to this right/responsibility. Of course, there are some carriers who will see the word “smoke” and automatically hit the “decline” button, so it may take some effort to get all parties on the same page.

So yes, smoke as a pollutant is an excluded cause of loss, but there are many reasons that claims involving smoke can be covered.

Terri Guest, CIRMS, CMCA is the Northern California Sales & Marketing Representative for Berg Insurance Agency and can be reached at Terri@berginsurance.com.