Insurance — pollution exclusions

Listen to this article

Wisconsin Court of Appeals

Civil

Insurance — pollution exclusions

This is an insurance coverage dispute concerning a pollution exclusion commonly found in commercial general liability (CGL) insurance policies. Tina and Frederick Preisler filed suit against Kuettel’s Septic Service, LLC; 4 D-K Farm; Duke, Cheryl, Dale, and Doug Kuettel; and Phil’s Pumping and Fab, Inc., alleging the defendants had contaminated their well water by over-spraying septage—a combination of water, urine, feces, and chemicals—and maintaining leaky storage tanks. Several insurers who provided liability coverage for the various defendants were also added to the suit: General Casualty Insurance Company, Regent Insurance Company, Hastings Mutual Insurance Company, Secura Insurance, and Rural Mutual Insurance Company. The Insurers asserted a pollution exclusion found in their policies barred coverage, and the circuit court agreed.

The primary issue on appeal is whether septage is a “pollutant” within the meaning of the pollution exclusions. We hold septage is unambiguously a pollutant. It is a contaminant, an irritant, and a waste substance. We reject the Preislers’ and the Kuettels’ arguments to the contrary and affirm. This opinion will not be published.

2012AP2521 Preisler v. Kuettel’s Septic Services LLC et al.

Dist III, Outagamie County, Gage, J., Per Curiam

Attorneys: For Appellant: Menghini, Michael C., Appleton; Olson, James A., Madison; Harrell, Kathryn A., Madison; For Respondent: Evans, Jeffrey A., Milwaukee; Wick, William R., Manitowoc; Graff, Ryan Ray, Manitowoc