Down and out in Silica Valley

Some attorneys point out that if asbestos reform did actually pass, all those asbestos cases would all of a sudden "transform" into silicosis cases. Well, even Senators are wise to that and might just include silica cases in reform. Even if they didn't, this latest insurance coverage case may rain on the parade of friable dust.

Seems the standard pollution exclusion of a commercial general liability policy will also exclude silica even if silica is not specifically mentioned as a pollutant and despite the fact that such exclusions did not apply to asbestos claims. So, plaintiff's lawyers might be able to sue silica defendants, but they might go bankrupt a lot faster than insured asbestos defendants. Rule number one: don't sue somebody with no money or insurance.

Case: GARAMENDI v. GOLDEN EAGLE INS. CO. , No. A104076, A104077 (Cal. 1st App. Dist. March 09, 2005)