Firms sue to end representation of grass growers

COEUR d'ALENE — An insurance company wants out of representing two North Idaho bluegrass farmers who've been sued by opponents of field burning.

State Farm Fire & Casualty Co. filed a case last week in U.S. District Court asking a judge to declare farmers Clarence Haeg and Philip Lampert of Plummer are on their own when it comes to complaints about agricultural burning.

"State Farm has no duty to defendants … for any claims arising out of the practice of burning their fields," the insurance suit said.

Haeg and Lampert were among dozens of farmers who were defendants in lawsuits in state and federal court seeking to halt field burning.

Attempts by The Press to contact them Friday were unsuccessful.

Two cases the insurance company said it shouldn't have to defend have already gone in the farmers' favor. In one case, the Idaho Supreme Court ruled the state law exempting agricultural burning from claims of nuisance and trespass is constitutional. After that ruling, a class-action case filed against farmers on behalf of people with breathing difficulties, was dismissed in Idaho's 1st District Court.

At least two other insurance companies are claiming in state courts that their policies don't cover claims about field smoke.

Some North Idaho bluegrass farmers burn straw and stubble after seed harvest to prepare the fields for the next year's crop. The practice promotes early plant growth and enhances seed yields.

Clean-air advocates have tried several court attempts to halt field burning.