STORY FROM: Benzene & Emerging Toxic Torts Litigation

W. Va. High Court Tosses $8 Million Verdict Against Travelers in Silica Exposure Coverage Action

CHARLESTON, W. Va. — West Virginia’s highest court has reversed an $8,037,745 verdict rendered in favor of U.S. Silica in a silica-related insurance dispute, ruling that the company’s significant delay in notifying its insurer of the claims was unreasonable and bars coverage under the policies.

In a Nov. 10 ruling, the Supreme Court of Appeals of West Virginia directed the trial court to grant The Travelers Indemnity Co.’s motion for judgment as a matter of law.

U.S. Silica has been named as a defendant in numerous silica lawsuits seeking damages for injuries allegedly caused by exposure to silica sand. The ...

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Bowles Rice
Flaherty Sensabaugh Bonasso
K&L Gates
Steptoe & Johnson

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