6th Circ. Affirms Arch's Ruling Over Criminal Coal Dust Claims

By Shane Dilworth (July 8, 2021, 7:55 PM EDT) -- Arch Insurance Co. doesn't have to cover six former coal company employees indicted for conspiring to submit fraudulent coal dust samples to regulators, the Sixth Circuit ruled Wednesday, finding a pollution exclusion in the company's policy absolves the insurer of any obligations.

The federal appeals panel said that under the terms of Armstrong Coal Co.'s directors, officers and organization liability policy, coal dust is a pollutant that is not subject to coverage and the alleged criminal conduct of its former employees is not covered because it was connected to the company's required submission of dust samples to the U.S. Department of...

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