A Rutland foster family who won a lawsuit against their homeowners insurance company had the decision overturned by the Vermont Supreme Court.
Neil and Patricia Whitney say a foster child brought bedbugs into their home in 2012. An exterminator hired by the state then used excessive amounts of a banned and potentially harmful pesticide to get rid of the pests.
The couple says the contamination destroyed their home and most of their belongings and virtually ended their career as foster parents.
Last year the Whitneys settled a lawsuit with the state for $450,000.
The couple’s insurance company, Vermont Mutual, refused to pay any damages, arguing the pesticide contamination fell under a pollution exemption.
The Whitneys sued and a Rutland Superior court judge ruled in their favor.
Vermont Mutual appealed the decision to the state supreme court. The high court ruled Friday that the property damage to the Whitney’s home was an excluded risk in the policy and reversed the lower court’s ruling.
