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Owners Insurance Company v. Singh9/21/1999
n the list. In Conclusion, we find that the existence of carbon monoxide in a place and in amounts inconsistent with a properly operating gas-fired furnace is not per se evidence that the carbon monoxide resulted from a hostile fire. The insurance policyholder must set forth some proof that a hostile fire caused the carbon monoxide fumes to be in a place and in amounts inconsistent with normal gas-fired furnace operation. Otherwise, the mere allegation of harmful amounts of carbon monoxide in a place heated by a gas-fired furnace would be enough to establish that the claim was potentially within the policy coverage. While we can understand appellee - Singh's frustration and disbelief regarding the limits of his insurance policy coverage, we sustain appellant's second assignment of error.
Since the trial court, therefore, erred in granting Summary Judgment in favor of appellee, the Judgment of the Richland County Court of Common Pleas is reversed and remanded for further proceedings consistent with this opinion.
By Edwards, J. Wise, P.J. and Gwin, J. concur
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