The Rural Voice, 2002-01, Page 21went well beyond the everyday
standard for protection of the
environment so if people meeting the
'highest possible standard could still
be sued, what was the message sent
to the rest of the farming community.
Everyone interviewed agreed that
Walkerton has forever changed the
rural world as far as liability is
concerned. "It's made us all more
aware of environmental liability,"
says Larry Bieman of Germania
Mutual Insurance in Ayton. The
media exposure will likely bring
more lawsuits in the future, he says.
Dietrich says he sees insurance
companies having to take on a whole
new role by getting out and working
with farm groups to advance the
issue of environmental stewardship.
Many farmers are doing their job
well but there may be a need to
require those who aren't, to be more
vigilant.
The post -Walkerton world
probably also means insurance
premiums are likely to increase as
environmental liability replaces the
more limited liability that current
policies were designed to protect
property owners against. Now, says
Bieman, insurance companies as well
as farmers must be aware of the
potential environmental damage from
manure spreading, from runoff from
fields or from leaky fuel tanks.
What's also likely is that farmers
are going to have to increase their
liability coverage. A $500,000 to $ 1
million policy isn't going to cut it
when these new potential lawsuits are
involved.
Hicks agrees. You can never buy
enough insurance to cover a $550
million class-action lawsuit, he says,
but defending such a suit is
expensive in itself. In the case of the
Walkerton suit, he points out, even
though there was an early resolution,
legal costs of the plaintives still
reached $5 million. Even in
judgements for smaller cases are
reaching $1.5 to $2 million, he says.
Bieman foresees farmers, at least
those with larger operations, needing
a minimum of $5 million coverage in
the future.
After his experience, Dave advises
other farmers to definitely complete
an Environmental Farm Plan. He also
advises farmer to keep records of
their farming activities. Calling
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