Preisler v. Kuettel’s Septic Serv., LLC

Fred and Tina Preisler operated a dairy farm and raised cattle. The Preislers hired Kuettel’s Septic to apply septage, which is primarily composed of human urine and fecal material, to their farm fields. The Preislers subsequently experienced problems with their well water. The Preislers sued Kuettel’s Septic, other defendants, and their insurers, alleging, among other claims, negligence in storing and in applying septage resulting in nuisance and trespass. The circuit court granted summary judgment for the insurers, concluding that a pollution exclusion clause precluded coverage for harm resulting from the Preislers’ water supply’s contamination. The court of appeals affirmed. The Supreme Court affirmed, holding that “a reasonable insured would understand that decomposing septage is a ‘contaminant’ and therefore a ‘pollutant’ as defined in the policies when it has decomposed and seeps into a water supply.” View "Preisler v. Kuettel's Septic Serv., LLC" on Justia Law