Whitlock Air Service Inc. has filed a complaint in a New York federal court against National Union Fire Insurance Co. of Pittsburgh, Pa., challenging the insurer’s denial of coverage for nearly $2.5 million in damages resulting from alleged herbicide misapplication. The dispute centers on the application of herbicides on the wrong areas during a 2018 reservoir construction project in north Texas.
In its legal filing, Whitlock disputes the applicability of several exclusions invoked by National Union, particularly one that bars coverage for property damage arising from the use of “any ‘aircraft.'” Whitlock contends that the damages did not result from the aircraft itself but from its alleged failure to correctly select herbicides and spray locations, as well as the lack of approval from Phillips & Jordan Inc. (P&J), the underlying plaintiff in the case.
The claim stems from a project where Whitlock was subcontracted by P&J in July 2021 to perform aerial fertilizer applications. However, P&J filed a lawsuit against Whitlock in October 2022, alleging that Whitlock had improperly applied herbicides to newly seeded grass areas, damaging vegetation and leading to nearly $2.5 million in unanticipated remediation expenses. The lawsuit asserts both breach of contract and negligence claims.