In Siloam Springs Hotel v. Century Surety, 2017 OK 14, the issue was whether an exclusion for injury from indoor air was enforceable. Apparently, some guests were injured from carbon monoxide at the hotel. The insurance company did not cover the resulting claims based on the Indoor Air Exclusion, which stated the policy does not apply to:
“Bodily injury”, “property damage”, or “personal and advertising injury” arising out of, caused by, or alleging to be contributed to in any way by any toxic, hazardous, noxious, irritating pathogenic or allergen qualities or characteristics of indoor air regardless of cause.
Most Oklahoma cases invalidating exclusions based on public policy are cases involving compulsory automobile insurance and uninsured motorist coverage required by statute.
[T]here is no public policy articulated by the Oklahoma statutes that is violated by an air quality exclusion in a liability insurance policy, regardless of what air quality events the exclusion might exempt. Oklahoma has no compulsory liability insurance law requiring liability insurance be maintained for air quality issues, nor is there any law explicitly prohibiting such an exclusion.
Thus, the public policy of the State of Oklahoma does not prohibit enforcement of the Indoor Air Exclusion.