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Insurance Provisions – Policy Exclusions

By: Derek Hawkins//October 23, 2015//

Insurance Provisions – Policy Exclusions

By: Derek Hawkins//October 23, 2015//

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Civil

Court of Appeals – District IV

Officials: Kloppenburg, P.J., Sherman, and Blanchard, JJ.

Insurance Provisions – Policy Exclusions

 

2014AP2039

Carmen Ramos v. The Charter Oak Fire Insurance Company

 

We apply legal authority and interpret the policy language in a manner that we reference in this opinion, but that we primarily explain in an separate opinion that we also release today in a highly similar case, Connors v. Zurich Am. Ins., No. 2014AP2990, slip op. (WI App Oct. 15, 2015) (recommended for publication). For the reasons we explain in Connors, we conclude that the pollution exclusion applicable here is ambiguous on the question of whether the bacteria are “pollutants” in the context of the occurrence alleged. See id., ¶¶2, 57. The exclusion is ambiguous in this context because the bacteria are not obviously in the nature of the commercial or industrial products or byproducts specified in the pollution exclusion, and therefore a reasonable insured could expect coverage. Accordingly, we reverse the summary judgment and remand for further proceedings.

 

Decision

Reversed and Remanded


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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