The insured is an exclusive private club where smoking is permitted in certain areas of the club. The insured has inquired about liability for patrons who could allege bodily injury as a result of exposure to second hand smoke, and he wanted to know if there was a coverage issue. At first, I indicated that this would be a GL claim and there shouldn't be any problem regarding coverage. Then I re-read the pollution exclusion and the definition of "pollutant" which includes smoke, which led me to conclude that an insurance carrier is on strong ground to deny this type of claim. Is there any case law on this or a similar type of claim that allows coverage under the GL? If not covered by the GL, is a pollution policy the only recourse?

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