Selective Insurance has taken legal action in federal court to avoid paying for a wave of silica exposure lawsuits aimed at EOS Surfaces. The insurer filed a complaint on September 24 in the U.S. District Court for the Eastern District of Virginia. They want a judge to say they don’t have to defend or cover EOS Surfaces in these cases.
The lawsuits involve over 260 workers who claim exposure to harmful dust and chemicals from stone products used in countertops. These workers allege that breathing in materials containing silica and other toxins led to serious lung diseases like silicosis and pulmonary fibrosis. The claims say the illnesses have caused severe health problems, including hospital stays, surgeries, and even the need for lung transplants.
Selective Insurance points to specific language in the policies it sold to EOS between August 2013 and August 2017. The insurer says the policies clearly exclude injuries from silica dust or pollution. One clause says it won’t cover injuries caused by “silica or silica-related dust,” while another excludes damages from pollutants, including various chemicals and contaminants. Because the lawsuits involve these substances, Selective argues that it has no duty to defend or pay for EOS.
EOS disagrees. They say the exclusions don’t apply to these claims. EOS has informed Selective about new lawsuits and believes coverage should still be in place.
The case is still in its early stages. No court ruling has been made yet. Selective wants an official statement that it doesn’t have to cover EOS under either the general liability or umbrella insurance policies. This comes after other insurers, like Liberty Mutual, have also tried to block coverage related to silica exposures in similar cases.
As this legal dispute unfolds, the outcome could have wide implications for insurance coverage in industries dealing with hazardous materials like silica dust. For now, both parties wait for the court’s decision on who is responsible for the mounting claims against EOS Surfaces.