16 Jan, 2015

Insurance News Flash: MANURE IS A POLLUTANT!

2018-04-23T20:59:42-05:00January 16th, 2015|Commercial General Liability (CGL), Midwest Insurance Law Guide, Pollution exclusion|

This should be no surprise to my dear readers! The Wisconsin Supreme court has recently ruled that manure contamination is not a covered loss under the standard CGL policy.  In Wilson Mutual Ins. Co. v. Falk, 2014 WI 136 (Wis. 2014),  the court ruled that manure runoff, which had contaminated several nearby drinking water wells, was a pollutant and therefore excluded from coverage. The Wilson policy covered losses for property damages and bodily injury.  [...]

19 May, 2014

Double Your Money – Two Pollution Exclusion Rulings from the 8th Circuit!

2018-04-23T20:59:43-05:00May 19th, 2014|Environmental pollution coverage, Midwest Insurance Law Guide, Pollution exclusion|

The 8th Circuit recently issued two pollution exclusions cases: United Fire & Cas. Co. v. Titan Contractors Service, Inc., No. 13-1307 (8th Cir. May 13, 2014) and Church Mut. Ins. Co. v. Clay Center Christian Church, No. 13–1613 (8th Cir. March 25, 2014) In both of these cases, the Circuit denied coverage under a common policy clause that was aimed to exclude all coverage for loss due to exposure to pollutants. In [...]

31 Dec, 2013


2018-04-23T20:59:43-05:00December 31st, 2013|Midwest Insurance Law Guide, Pollution exclusion|

THE BOTTOM LINE: Perhaps In Nebraska.      In a recent case, State Farm Fire And Casualty Company v. Dantzler, No. A-12-1042 (Dec. 17, 2013), the Nebraska Court of Appeals determined that an absolute pollution exclusion clause in a State Farm policy may cover a lead paint loss.      The defendant, Dantzler, was a landlord.  A renter sued, claiming that his son was poisoned by high levels of lead paint on Dantzler's rental property.  At the time of [...]

26 Mar, 2013


2018-04-23T20:59:44-05:00March 26th, 2013|Midwest Insurance Law Guide, Pollution exclusion|

{This is a periodic column on unique, nerdy and fascinating questions posed by my fastidious readers.  If you have a burning insurance or indemnity issue that you want me to address, drop me a line.  I will research and write about it in a future post.}   DOES AN UNDERGROUND RESOURCES & EQUIPMENT ENDORSEMENT (CG 22 62 10 01) TRULY CONFLICT WITH A CGL POLLUTION EXCLUSION CLAUSE?  An Underground Resources & Equipment Exclusion Coverage (UREC) [...]

17 Mar, 2013


2018-04-23T20:59:45-05:00March 17th, 2013|Commercial General Liability (CGL), Environmental pollution coverage, Midwest Insurance Law Guide, Pollution exclusion|

♣WE ARE GREEN TODAY FOR ST. PATRICK’S DAY!♣      We can fairly sum up the history of pollution insurance coverage with one word: confusion.  This is because underwriters and ISO forms have made it pretty clear that almost all pollution and environmental losses are not covered; yet courts have found creative ways to insist that they are a covered loss.        This push and pull has left most of us confused as to whether or not it [...]

14 Jan, 2013


2018-04-23T20:59:45-05:00January 14th, 2013|Midwest Insurance Law Guide, Pollution exclusion|

Carbon Monoxide caused by release of gas from faulty boiler repair?    Not covered. See, Harleysville Ins. Group v. Omaha Gas Appliance Co., 278 Neb. 547, 772 N.W.2d 88 (2009)(“The umbrella policy, like the general liability policy, excluded coverage for liability occasioned by the release of pollutants – regardless of what level of human culpability was involved.”). Mercury found in apartment leased to renters?  Not covered. See, Ferrell v. State Farm, [...]

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