Wis. Court Holds 'Septage' Falls Under Pollution Exclusion

Law360, New York (January 15, 2014, 3:59 PM EST) -- A Wisconsin appeals court held Tuesday that septage — a mixture of water, urine and feces sometimes used as a fertilizer — falls under pollution exclusions in insurance policies, barring coverage for a nuisance lawsuit brought by a farm claiming that over-spraying of septage contaminated its well water.

The appeals court upheld a decision in favor of General Casualty Insurance Co., Regent Insurance Co., Hastings Mutual Insurance Co., Secura Insurance, Rural Mutual Insurance Co. and others in a coverage case that arose after septage used on a Wisconsin dairy farm allegedly created a large algae bloom in a pool filled with...

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