Hermitage Wants Out Of $20M Silica Exposure Suit Coverage

Law360, New York (April 11, 2013, 5:01 PM EDT) -- Hermitage Insurance told a Texas federal court on Wednesday that it has no obligation to defend Diamax Industries Inc. in a $20 million lawsuit accusing the power tool company of exposing an industrial worker to harmful silica dust, citing pollution, expected injury and other policy exclusions.

Lodging a complaint for declaratory judgment, Hermitage insists that it is not required to cover Diamax's legal battle over the company's alleged defective products because the silica dust that harmed the underlying plaintiff is a pollutant as defined under a policy exclusion.

The insurer is also arguing that the worker suffered an “expected or intended”...

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