Masonry Magazine August 2005 Page. 45
dissemination of silica dust was an incidental byproduct of sandblasting operations "most assuredly is what is 'commonly thought of as pollution' and 'environmental pollution," the applicable standard of inclusion within the pollution exclusion from coverage. The court ruled that the pollution exclusion applied, and therefore there was no coverage.
Analysis
The bad news? In the Golden Eagle case, the broad reading of the pollution exclusion found in the CGL policy could have an impact on courts in other states reviewing similar cases for coverage of silica-related claims.
Now, the good news: There are some factors that may limit widespread application of the analysis in this decision. First, the case involved an insolvent carrier and therefore a very limited type of review. Second, this case involved the specific terms of that pollution exclusion. Your pollution exclusion might be more explicit and may not bar coverage.
The main point to take from this case is you need to complete a thorough review of your specific policies and exclusions, know and understand your own insurance coverage, and do your best to maximize coverage against this type of exposure.
Timothy R. Hughes, Esq., is the principal of the Northern Virginia law firm of Hughes & Associates, P.L.L.C. He specializes in construction Ntigation, corporate and business related representation, and complex civil litigation. He may be reached at tim@hughesnassociates.com, or by phone at (703) 671-8200.
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