N.Y. Appellate Court Says Pollution Exclusion Bars Coverage for Alleged Silica Exposure

ALBANY, N.Y. –– A New York appellate court has reversed a trial court decision denying summary judgment to both parties in an insurance dispute involving underlying silica exposure, concluding that the exclusions in the policy prohibited the claims.

In the Feb. 26 ruling, the New York Supreme Court, Appellate Division, Third Judicial Department, held that the silica exposure fit the definition of a “unhealthy or hazardous building material” in the policy’s pollution exclusion.

The Travelers Indemnity Co. issued a first-party insurance policy covering a property in a government complex owned by Broome County, the State and the City of Binghamton. …