Respirator Manufacturer Sues Insurer for Indemnity, Defense of Silica Claims

BOSTON - A defendant named in numerous silica lawsuits around the country has filed a declaratory judgment action in federal court seeking costs associated with defending the claims, including some $5 million already paid in settlements and judgments. Textron, Inc. v. OneBeacon America Insurance Co., et al., No. 04-11928 (D. Mass.).

According to a complaint filed Sept. 2 in U.S. District Court for the District of Massachusetts, Textron Inc. is seeking a declaration that OneBeacon America Insurance Company has an obligation to cover claims asserted against the company by thousands of plaintiffs who claim they suffered injuries after using respirators …