Judge Thomas Rice of the United States District Court for the Eastern District of Washingon issued a ruling earlier this month that is important for agricultural producers to be aware of when purchasing liability insurance policies.  Specifically, Judge Rice held that when a Washington dairy was sued for contaminating drinking water with manure, its insurance company was justified in denying coverage based upon absolute pollution exclusion clauses in the dairy’s policies. Background Long-time readers of this blog may remember the underlying case involved in this insurance coverage dispute.  The… Read More →

A recent Wisconsin Supreme Court decision has gained the attention of agricultural law attorneys across the country.  In this case, Wilson Mutual Insurance Co. v. Falk, the Court found that a dairy farmer who allegedly caused groundwater contamination by spreading manure on his fields was not covered by a farm liability insurance policy.  Although only binding law in Wisconsin, this case raises an important issue that all farmers and ranchers need to be aware of and carefully evaluate the potential applicability to their operation.  [Read full opinion here.] Background The Falks… Read More →