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Chemical-Or-Biological Materials Insurance Policy Exclusion: Minnesota Appellate Court Addresses Denial of Coverage Related to Chemical Glyphosate | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Court of Appeals of Minnesota (“Court”) addressed in a February 8th Opinion an insurance company’s denial of coverage related to a herbicide containing the chemical glyphosate that was introduced into a mink farm water system. See Lang Fur Farms, Inc., et al. v. Bird Island-Hawk Creek Mutual Ins. Co., 2021 WL 416404. The denial of coverage was based on two exclusions in the insurance policy: • Chemical-or-Biological materials (“Chemical Exclusion”) • Anti-Concurrent-Causation Exclusion (“Anti-Concurrent Exclusion”) The Court’s Opinion provides that Lang Fur Farms and one of its owners (collectively “Lang Fur”) obtained an insurance policy in part from Bird Island – Hawk Creek Mutual Insurance Company (“Bird Island”).

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