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 here
and 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.
