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