A new crop of claims involves the spreading of manure as fertilizer. When the odors affect nearby residents or rain causes runoff into neighborhood wells and streams, does the absolute pollution exclusion apply? In this infographic we examine recent rulings from Illinois and Wisconsin that find coverage, as well as divergent decisions from other states. Read the full blog post here: http://www.genre.com/knowledge/blog/farm-pollution-exposures-a-new-crop-of-claims.html

1. A New Crop of ClaimsA New Crop of Claims
2011
1980
POLLUTANTPOLLUTANT NOT A POLLUTANTNOT A POLLUTANT
Wakefield Pork, Inc.
v.
RAM Mutual Ins. Co.
Minnesota
Travelers Property
Cas. Co. of Am.
v.
Chubb Custom Ins. Co.
Pennsylvania
Country Mutual
Insurance Co.
v.
Hilltop View, LLC
Illinois
Wilson Mutual Ins. Co.
v.
Falk
Wisconsin
We can helpWe can help
Farm Pollution ExposuresFarm Pollution Exposures
39%
666,000666,000
69,00069,000 90%90%
10
two-thirds
about
Farms are increasingly likely to have residential housing
communities as neighbors, rather than farm owners.
There is a rising trend in pollution exclusion litigation from large
animal operations and the spreading of manure as fertilizer. When the
odors affect nearby residents or rain causes runoff into neighborhood
wells and streams, does the absolute pollution exclusion apply?
Farmers might argue that
manure is not a pollutant,
but that it is “liquid gold”
for fertilizing a field.
Insurers might argue that
manure contains hazardous
antibiotics and hormones
that can qualify as pollutants.
of the total value of U.S.
agricultural production
takes place in, or adjacent
to, metropolitan counties.
of farms are located in
metropolitan areas.
From 1980 to 2011, the number of hog
operations in the U.S. greatly dropped.
Yet the number of hogs sold remains almost
the same.
To learn more about coverage actions involving
the absolute pollution exclusion, or for ideas in
evaluating farm pollution exposures, your current
forms or policy wording, contact us today.
large companies produce more than
90% of the nation's livestock.
Sources:
USDA, July 2010, “Structure and Finances of U.S. Farms”
http://www.epa.gov/oecagct/ag101/landuse.html
http://www.nrdc.org/water/pollution/ffarms.asp
http://www.ers.usda.gov/data-products/livestock-meat-domestic-data.aspx#26105
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