Court Finds for Century Surety in Coverage Suit Over Metalworker’s Lung Injury

HOUSTON — A federal judge has ruled that a wrongful death claim arising from an industrial worker’s alleged inhalation of metal dust is excluded under liability policies issued by Century Surety Co. (NYSE: MIG) to the worker’s employer.

U.S. District Judge Vanessa D. Gilmore granted Century’s motion for summary judgment and granted judgment in the carrier’s favor Oct. 3, denying a similar motion by the insured employer, Oates Metal Deck & Building.

Oates is a defendant in the wrongful death action brought by the widow of Richard Garcia, a pipefitter and grinder who dies on Aug.23, 2009, allegedly of “hard-metal …