Product Liability & Toxics Law News

U.S. Concrete Subsidiary Loses Insurance Bid for Gravel Releases

Jan. 21, 2020, 4:17 PM

American Financial Group Inc.‘s insurance arm owes no coverage to a U.S. Concrete Co. subsidiary for the cost of removing crushed stone particles it inadvertently released into a creek, the Fifth Circuit ruled.

A pollution exclusion in the policy U.S. Concrete purchased for Eastern Concrete Materials Inc. bars coverage for the cost of removing the “rock fines” and defending the claim brought by the New Jersey Department of Environmental Protection, the U.S. Court of Appeals for the Fifth Circuit said.

American Financial’s subsidiary Great American Insurance Co., issued the policy.

The court affirmed that the Northern District of Texas...

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