Cold Creek Compost, Inc., et.al vs. State Farm Fire & Casualty

Year: 2005
Court: California Court of Appeal
Case Number: A114623

This case involves the proper scope and application of the “reasonable expectations doctrine.” Composting facilities create offensive odors in the ordinary course of business by composting mainly “green materials.” A reasonable policyholder under these circumstances would not consider the odors produced by its operations to be an environmental pollution. Therefore, the pollution exclusion in State Farm’s policies does not exclude the Cold Creek policyholders’ liability in the Underlying Action.

UP’s brief was written pro bono by Amy Bach, Esq. Of Counsel: Paul Walker-Bright, Esq. and Evan T. Knott, Esq. of Anderson Kill & Olick (Illinois), PC

 

The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/cold-creek-compost-inc-et-al-vs-state-farm-fire-casualty/
Date: April 20, 2024