Liberty Mutual moves to block coverage for LX Hausys silica suits

Liberty Mutual’s stance is blunt: the policies in question contain unambiguous exclusions for both silica and pollution-related claims. The complaint quotes the silica exclusion as stating that coverage does not apply to any liability, damages, loss, injury, demand, claim, or suit “any part of which is caused by, or allegedly caused by, silica, either alone or in combination with other substances or factors, whether included in a product or otherwise.” The pollution exclusion, present in all but one of the policies, bars coverage for bodily injury “which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ‘pollutants’ at any time.” “Pollutants,” the policies say, include “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.”