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”).