Federal Court Weighs Insurance Coverage for Silicosis Lawsuits
Liberty Insurance Corp. is seeking a federal judge’s confirmation that it does not have to represent Texas-based manufacturers and distributors of engineered quartz countertops in personal injury lawsuits related to silicosis, a potentially fatal lung disease caused by silica exposure. The insurer filed lawsuits against its client companies, Wilsonart International Holdings LLC and Architectural Surfaces Group LLC, citing policy language that excludes cases involving bodily injury from silica exposure.
The Rise of Silicosis Cases
662 cases of silicosis have been identified in California since 2019, resulting in 35 deaths https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/Pages/essdashboard.aspx. The disease is caused by inhaling silica dust, which is generated when working with engineered quartz countertops. Individuals who contract silicosis tend to be 46 years old on average, while those who succumb to the disease have a median age of 52.
Industry Response and Regulatory Action
Despite the growing number of silicosis cases and lawsuits, the engineered stone industry, valued at tens of billions of dollars, continues to thrive https://www.econmarketresearch.com/. Engineered quartz countertops remain in strong demand, with companies like Architectural Surfaces Group LLC continuing to sell their PentalQuartz-branded products, which have historically contained high levels of silica. Australia has banned the use of engineered stone, and California is considering limitations on the products.
Lawsuits and Insurance Coverage
Hundreds of personal injury lawsuits have been filed nationwide since 2022, resulting in tens of millions of dollars in payouts to workers and their surviving family members. Liberty Insurance Corp.’s policy excludes coverage for bodily injury caused by silica exposure, and the insurer is seeking to avoid representing its client companies in court. In a lawsuit, the plaintiff’s attorneys alleged that Architectural Surfaces delayed adding warnings to its engineered quartz countertops by years and further delayed posting a warning on its website.
Health Risks and Lack of Treatment
Silicosis is a potentially fatal lung disease with no effective treatment, according to JAMA Internal Medicine https://jamanetwork.com/journals/jamainternalmedicine/article-abstract/2807621. The disease causes irreversible damage to lung tissue, and workers who have been exposed to silica dust are at risk of developing silicosis.
Key Facts and Figures
- 662 cases of silicosis identified in California since 2019
- 35 deaths caused by silicosis in California since 2019
- Median age of silicosis diagnosis: 46
- Median age of death from silicosis: 52
- Hundreds of personal injury lawsuits filed nationwide since 2022
- Tens of millions of dollars in payouts to workers and their surviving family members
Frequently Asked Questions
What is silicosis?
Silicosis is a potentially fatal lung disease caused by inhaling silica dust.
How many cases of silicosis have been identified in California?
662 cases of silicosis have been identified in California since 2019.
Is there a treatment for silicosis?
No, according to JAMA Internal Medicine, there is no effective treatment for silicosis.
Related reading