Bill would ensure coverage for carbon monoxide

Homeowners would receive additional insurance protections under a bill heard by the Banking, Commerce and Insurance Committee Feb. 10.

LB876, introduced by Omaha Sen. Sara Howard, would prohibit homeowner insurance policies from excluding coverage for injury or damage resulting from carbon monoxide or other gases released from a heating unit or ventilation system.

Currently, some homeowner insurance policies contain what is known as a “pollution exclusion,” which denies coverage for damage resulting from a carbon monoxide leak.

Howard said the issue is especially pressing in her district where older homes — and older furnaces — are the norm.

“I disagree with the idea that carbon monoxide generated in the home should qualify as pollution,” she said. “I don’t believe that the policy of the state should deny coverage to a person who legitimately believes that their insurance protects them from the risk.”

Cheryl Green of Clay Center testified in support of the bill. She said she and her husband John were poisoned by carbon monoxide gas in their church-owned parsonage, which her husband did not survive. Green said the church’s insurance policy contained a pollution exclusion and her claim has been denied.

“Though I may appear fine on the outside, the poisoning has left me with reduced brain function, memory loss, decreased energy and increased levels of pain,” she said. “Consumers buy insurance to feel protected, to cover accidents and help recover and repair damage.”

No one testified in opposition to the bill.

The committee voted to advance the bill to general file with amendments on a 8-0 vote.