Insured has an all risk policy. He is claiming that after his wife completed chemotherapy, his septic system would no longer operate. He claims the chemicals expelled in the bodily fluids killed the bacteria in the system and requires the system be replaced. The adjuster believes the general exclusion “We do not pay for loss resulting directly or indirectly from: Chemical or Biological. Regardless of the amount of damage or loss, this exclusion applies to any losses that are carried out or caused by dispersal or application of pathogenic or poisonous biological or chemical materials,” excludes coverage for the loss. He also believes the wear, tear deterioration exclusion also applies. What are your thoughts?
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