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Wakefield Pork, Inc. v. RAM Mut. Ins. Co.

ELR Citation: 37 ELR 20130
Nos. No. A06-847, (Minn. Ct. App., 05/15/2007)

A Minnesota appellate court held that an insurance company had no duty to defend or indemnify a pig owner in an underlying lawsuit brought by his neighbor claiming injury and damage from manure odors. The neighbor's complaint fell squarely within the insurance policy's pollution exclusion, which only applied to pollution of the atmosphere, not to pollution of the air inside the neighbor's home. Here, the complaint did not allege damage from pollution that originated from within the neighbor's home; the complaint was based on pollution released directly into the atmosphere that indirectly affected the inside of their house. Hence, the lower court properly granted summary judgment in favor of the insurer.