Posted January 6, 2015
The Wisconsin Supreme Court reversed an appeals court ruling that ruled a Washington County farm couple was not responsible for manure run-off, according to a Wisconsin Ag Connection article available here. WHBL also published an article available hereand Court Ruling News here.
In 2011, the Department of Natural Resources notified Robert and Jane Falk that manure spread from their fields had contaminated their neighbors’ well water. The Falks filed a claim with Wilson Mutual Insurance, but the company would not cover the damages, because their policy excluded coverage for damage caused by pollutants, such as animal waste.
Falk and the circuit judge agreed the insurance company should cover the damages, but the 2nd District Appeals Court believed otherwise. It said manure is a nutrient when it’s spread on fields, and therefore Falk’s claim of pollution did not apply, according to WHBL.
Last week the Supreme Court ruled that Wilson Mutual is required to pay up to $500 for each polluted well.
“We hold that the pollution exclusion clause in the farm insurance policy issued to the Falk’s unambiguously excludes coverage for well contamination caused by the seepage of cow manure,” wrote Justice Michael Gableman. “While when safely and beneficially applied, manure may be universally present, desirable, and generally harmless substance, this ignores the occurrence for which the Falks seek coverage. A reasonable insured would not view manure as universally present and generally harmless when present in a well,” according to Wisconsin Ag Connection.
The Falks are responsible for any of the damages exceeding $500 per well.
For more information on environmental law, please visit the National Agricultural Law Center’s website here.
Share: