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Insurance Coverage for Silica Claims

By Roberta D. Anderson

Faced with increasing exposure, corporate policyholders that have or may receive silica-related claims should consider the potential for insurance coverage that may be available to respond and should realize and maximize the full benefit of their insurance policies.

Silica-related claims present many of the same insurance coverage issues as asbestos claims (and other so-called “long-tail” insurance claims). Such issues arising under commercial or comprehensive general liability (“CGL”) policies include the “trigger of coverage,” allocation, the number of occurrences, insurers' efforts to apply pollution exclusions, and timeliness of notice issues. As policyholders and their insurers have long been embroiled in heated disputes over the availability of insurance coverage for the defense costs and liabilities associated with asbestos claims, there is a frame of reference for consideration of these issues. Here, we'll briefly outlines the insurance coverage issues presented by silica claims.

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