Hermitage Wants Out Of $20M Silica Exposure Suit Coverage

By Sean McLernon (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"...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!