5th Cir. Says Silica Unambiguously a Pollutant under Pollution Exclusion

NEW ORLEANS - The 5th Circuit Court of Appeals has concluded that silica dust is unambiguously a pollutant within the terms of a standard pollution exclusion, despite arguments to the contrary by the family of a deceased sandblaster. RLI Insurance Co. v. Gonzalez, et al., No. 10-20298 (5th Cir.).

The Circuit Court affirmed a ruling for RLI Insurance Co., which declined to defend or indemnify its insured in an underlying wrongful death lawsuit.

Hector Gonzalez, a sandblaster, was employed by ICO Inc., in Odessa, Texas. Gonzalez died in 2008 and his widow, Sylvia, and other family members sued ICO …