Insurance — farmowners policies — pollution exclusions

Listen to this article

Civil
Insurance — farmowners policies — pollution exclusions

Cow manure is not a “pollutant” within the meaning of a farmowners policy’s pollution eclusion.

“Examining the definition of ‘pollutant’ in Wilson Mutual’s farmowners policy as it is understood by a reasonable person in the position of the insured-in this case, a ‘reasonable farmer’-we conclude that manure is a nutrient used by farmers to feed their fields, which in turn feeds their cows, and is not a pollutant. Wilson Mutual can express no surprise in our finding given that it insured the Falks’ ‘manure tank,’ ‘manure pump,’ two ‘manure spreaders,’ and two ‘manure tankers.’ Wilson Mutual’s argument that cow manure is a pollutant under its policy is belied by its very act of covering property with the express purpose of pumping, storing, and spreading that manure. Wilson Mutual clearly understands that part of the normal operations of dairy farming is the spreading of manure. It cannot now seriously contend that paying claims related to the Falks’ manure spreading is ‘a risk it did not contemplate and for which it did not receive a premium.’ Hirschhorn, 338 Wis. 2d 761, ¶24.”

Reversed.

Recommended for publication in the official reports.

2013AP691 & 2013AP776 Wilson Mutual Ins. Co. v. Falk

Dist. II, Washington County, Martens, J., Reilly, J.

Attorneys: For Appellant: Ragatz, Ronald R., Madison; For Respondent: Graff, Ryan Ray, Manitowoc; Sandfort, Katelyn P., Manitowoc

Full Text