Insurer Files Declaratory Judgment Action, Says It Isn't Required to Cover Silica Claims

MCALLEN, Texas - An insurer has filed a declaratory judgment action in Texas, claiming it has no duty to defend or indemnify a cement manufacturer named in a silica suit filed in 2003. Empire Insurance Company v. Magic Valley Concrete Ltd., No. 05-169 (S.D. Texas).

In a complaint filed May 13 in the U.S. District Court for the Southern District of Texas, Empire Insurance Company contends that a pollution exclusion contained in the commercial general liability policy it issued Magic Valley Concrete precludes coverage for the underlying silica claims filed against the insured.

Empire also maintains that it is under …