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Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer

FC&S Legal

February 1, 2015

Authors: Carl J. Pernicone, William J. Katt

Carl J. Pernicone (Partner-White Plains) and William J. Katt (Partner-Milwaukee)  collaborated on an article published in the FC&S Legal Eye on the Experts column on February 1, 2015. “Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer” explains the decision, which rejected categorically defining manure and septage as “pollutants.” Instead, the court determined that such fertilizing excrement unambiguously falls within the applicable policy’s definition of “pollutants” once the manure and/or septage has contaminated a water supply.

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