Page 50 - Grapevine July-Aug 2020

Around The Vineyard

away from a farm, so even if one is not next door, ing or hiring an applicator. Courts have differed
one may be nearby. on finding liability so we will leave the intricacies
of the law to others. Elements of liability aside,
Why Does Spray Drift Occur? if you are alleged to be negligent, you will need a
defense. If found liable, you will want indemnifica-
Spray drift often occurs when wind or application tion. Let’s discuss where to find that coverage with
equipment blows the chemicals off your proper- liability insurance.
ty. You may think that drift will only occur when
applications are done improperly. However, even Insurance
if properly applied, drift may ultimately be unavoid-
able. Drift can happen days after application when Every insurance policy is different, so it is import-
chemicals volatize into gas naturally or due to high- ant that you read the terms of your policy and
er temperatures. You can minimize drift by using discuss them with a professional insurance advisor.
the correct chemicals, properly maintaining equip- Winery and vineyard policies may include multiple
ment, always following manufacturer labels, factor- coverage parts including a Commercial General
ing in the weather, and training employees. Liability (CGL) part and a Basic Farm Premises
Liability (FL) part.
Despite your best efforts, what happens if your
pesticides do drift and damages your neighbor’s Standard commercial general liability coverage
crop? As the growing season approaches, consider forms may contain an exclusion for pollution cov-
ways to properly protect your business from this erage for ‘bodily injury’ or ‘property damage’ relat-
exposure. ed to the actual, alleged or threatened discharge,
dispersal, seepage, migration, release, or escape
This article will not address the legal theories sur- of pollutants or some similar pollution-related
rounding the liability of vineyard operators apply- exclusion. Such exclusions could apply to spray

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