Court: Insurer Has No Duty to Defend Silica Dust Claims

DALLAS - An insurer that issued policies to a company named in numerous complaints alleging injury from silica dust exposure does not have a duty to defend the claims because of unambiguous language contained in the policies' exclusions, a magistrate judge has ruled. Mt. Hawley Insurance Co. v. Wright Materials Ltd, et al., No. 03-2797 (N.D. Texas).

In a decision issued Oct. 27, Magistrate Judge Jeff Kaplan of the U.S. District Court for the Northern District of Texas awarded summary judgment to Mt. Hawley Insurance Co. in a declaratory judgment action to determine its coverage obligations for the claims.