No Duty To Defend Suit Alleging Damages Caused By Silica, Federal Judge Says

(April 12, 2016, 11:24 AM EDT) -- NEW ORLEANS — An insurer has no duty to defend its insured against an underlying suit filed by neighboring residents of the insured shipyard because the policies’ silica exclusion clearly bars coverage; however, the insurer does have a duty to defend against a second underlying suit because the insurer failed to prove that the policies’ pollution exclusion applies to bar coverage, a Louisiana federal judge said April 8 (Hanover Insurance Co. v. Superior Labor Services Inc., et al., No. 11-2375 c/w 14-1930, 14-1933, E.D. La.)....

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