Hermitage Insurance Sues Diamax Industries to Avoid Covering Silica Lawsuit

HOUSTON — Hermitage Insurance Co. has filed a lawsuit in federal court seeking a declaration that a commercial general liability policy issued to Diamax Industries Inc. doesn’t provide coverage for an underlying $20 million silica injury lawsuit.

Hermitage filed the action April 10 in the U.S. District Court for the Southern District of Texas.

Diamax, a Georgia firm, is defending a personal injury filed by Ublester Rodriguez and his wife, Marisela Rodriguez. Mr. Rodriguez alleges that he developed silicosis and progressive massive fibrosis as a result of exposure to silica dust while working as a grinder and polisher between …