N.Y. Appellate Court Affirms 2007 Stay of Silica-Related Coverage Action

NEW YORK - A New York appellate court has affirmed a trial court's 2007 order staying a silica coverage case in deference to pre-existing litigation in California. ACE Fire Underwriters Insurance Co. v. ITT Industries, Inc., No. 5198 [Index No. 600133/2006] (N.Y. Sup. Ct., App. Div. 1st Dept.).

The New York Supreme Court Appellate Division, First Department also affirmed other trial court rulings in its May 31 opinion, including the lower court's dismissal of a declaratory judgment counterclaim by ITT Industries Inc.

The lawsuit was filed in January 2006 by Pacific Employers Insurance Co. and other insurers which sought a …