Neil and Patricia Whitney v. Vermont Mutual Insurance Company

¶ 1. This case calls upon us to apply a “pollution exclusion” in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont Mutual Insurance Company (Vermont Mutual) argues that the pollution exclusion in the policy bars the Whitneys’ claim. The Rutland Superior Court, Civil Division, granted the Whitneys’ summary judgment motion on the question of coverage, concluding…