Farm Pollution Exposures: A New Crop of Claims
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A New Crop of Claims A New Crop of Claims 2011 1980 POLLUTANT POLLUTANT NOT A POLLUTANT NOT 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 help We can help Farm Pollution Exposures Farm Pollution Exposures 39% 666,000 666,000 69,000 69,000 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 © 2014 General Re Corporation
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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
Transcript of Farm Pollution Exposures: A New Crop of Claims
A New Crop of ClaimsA New Crop of Claims
2011
1980
POLLUTANTPOLLUTANT NOT A POLLUTANTNOT A POLLUTANTWakefield 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.
FalkWisconsin
We can helpWe can help
Farm Pollution ExposuresFarm Pollution Exposures
39%
666,000666,000
69,00069,000 90%90%
10
two-thirdsabout
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.htmlhttp://www.nrdc.org/water/pollution/ffarms.asphttp://www.ers.usda.gov/data-products/livestock-meat-domestic-data.aspx#26105
© 2014 General Re Corporation
