Respirable Dust Exclusion Bars Coverage For Pollution Suits, Federal Judge Says
Mealey's (December 15, 2015, 11:57 AM EST) -- HAMMOND, Ind. — Because a respirable dust exclusion clearly bars coverage for underlying suits alleging environmental contamination claims arising out of the insured’s use of petroleum coke and coal dust, an insurer has no duty to defend the insured against two underlying suits, an Indiana federal judge said Dec. 8 (The Continental Insurance Co. v. George J. Beemsterboer Inc., et al., No. 14-382, N.D. Ind.; 2015 U.S. Dist. LEXIS 163949).
(Opinion available. Document #03-151216-007Z.)
The Continental Insurance Co. filed suit in the U.S. District Court for...