Lawn care company that killed hundreds of lawns not covered by insurance

Kut and Kill sought to force insurer to pay damages under its $5 million policy

Photo by NIKITA SHIROKOV on Unsplash

A Harrisburg lawn care company that accidentally torched hundreds of area lawns has lost its bid to force its insurance company to pay for the damages.

Judge Karen Schreier ruled that exclusions applied to Kut and Kill’s insurance policy with United Fire & Casualty Co. One of those exclusions included property damage that must be restored, repaired or replaced because Kut and Kill’s work was done incorrectly.

“Here,” Schreier wrote, “Kut and Kill does not dispute that its accidental spraying of glyphosate constitutes property damage that ‘must be restored, repaired, or replaced.’”

Another exclusion barred coverage if damages to Kut and Kill’s customers’ lawns constituted damage to Kut and Kill’s own work. Schreier, after discussing previous caselaw decision, concluded that the exclusion applied.