Texas Insurer Wants Quick Win In Harvey Flooding Suit

Law360 (August 10, 2020, 8:59 PM EDT) -- An insurer has asked a Texas federal court to excuse it under its policies' pollution exemptions from defending a sand and gravel company against accusations it discharged debris into Houston-area waterways and caused millions of dollars in damage to properties that flooded during Hurricane Harvey.

Evanston Insurance Co. said in a Friday motion for summary judgment that the processed water, silt, sand, sediment, dirt, rock and other material that Texas Concrete Sand and Gravel Inc. allegedly discharged into Houston waterways qualifies as pollution. The insurance company is looking to escape state court litigation filed against Texas Concrete and other companies that...

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