A note on insurance for CAFO owners
Ag Insurance does not often cover CAFO waste or pollution liability I have an optimistic streak that used to border on naiveté. As a young lawyer I felt that the purpose of insurance was to insure. That was the naiveté of my youth showing itself in full color. Let us please recognize that the purpose of insurance is not always to insure. A “well written” insurance policy is created to avoid insuring that which the insurance policy writer prefers not to insure. I ran into this in a court case early in my career when I asked for coverage on an insurance coverage question I thought surely the court would support. It did not. Fortunately I had a helmet on when I hit that wall. This is an opinion piece about CAFO environmental insurance. While there are more than six significant regulatory issues affecting any new concentrated animal feeding operation (CAFO), one material issue overlooked by those who should know better is environmental insurance. The provisions of the state’s Right...