The Rural Voice, 2002-01, Page 19didn't need a lawyer. He didn't
realize he could be guilty by location,
he said.
. Joe Dietrich, general manager of
Formosa Mutual says it's part of the
duty of the insurance company to
step in and legally defend the case
when a liability claim is launched
against a policy holder. It's part of
thee value of liability insurance that
most people don't think about, he
says. But as liability issues become
more serious, like the Walkerton
case, thee duty goes beyond just
offering a legal advice and involves
helping deal with the media, Dietrich
says.
Liability claims have been a small
part of insurance claims in the past.
Harmer says that with 3,000 policy
holder, Downie Mutual might get
400-600 property claims a year, but
only 10-30 liability claims. Most of
those are more minor ranging upward
from a baseball going through a
neighbours window to a tractor being
involved in an accident on a
roadway.
Post Walkerton, however, the
liability landscape has changed
drastically. Companies are
developing new underwriting
guidelines for people with wells with
fewer than six households: the ones
not covered by municipal water
testing and controls.
Then there's the issue of manure
handling and spreading manure on
the land and tine possibility of farmer
liability for the results.
What a farmer might be liable for
is a moving target, admits Harmer.
"We're always learning something
new," he says. "What you took for
gospel five years ago no longer
counts. The court is changing the
situation."
But Paul Vogel of Cohen Highley
LLP in London, who specializes in
environmental issues' and was
involved in the Walkerton inquiry,
says the problem lies with a vacuum
in regulations, not in the laws or the
courts. Regulations like minimum
distance separation guidelines,
nutrient management plans and the
environmental farm plan don't
necessarily protect the water supply,
he says, noting there are 150,000
contaminated wells in Ontario.
What's changing, he maintains, is
the the way the court is looking at
We see each other at the supermarket, on the street or in the park. Our
children play on the same teams as yours. We work for the same good
causes. Our people are part of the community—and we're here to stay.
We think that's important to you when you need insurance.
People you know. People who care.
/4//%, / ?,€ . Kewrory
www.downiemutual.com
264 Huron Road, Sebringville
393-6402 or 1-800-263-1961
•
A Member Of The
Ontano Mutual Insurance Assoctabon
Before disaster strikes, look for this
symbolaf confidence.
dik
We Won't Question Why You Are Not
Insuring With Germania But You Should!
Contact our office for a Broker/Agent in you area.
Germania Farmers'
Mutual Insurance Co.
1-800-265-3433 or 665-7715
a.
,11 A Member Of The
Ontano Mutual Insurance Assouabon
www.germaniamutual.com
JANUARY 2002 15