Law360 Quotes Kotula on Proposed Calif. Silica Ban
October 30, 2026 |Michael Kotula was interviewed for the article, “Draft Calif. Silica Ban Highlights Toxic Tort Coverage Suits,” which appeared in Law360 Insurance Authority.
The insurance industry is following California’s proposed ban on products containing at least 1% crystalline silica, as the substance has been known to cause the pulmonary disease, silicosis. General liability policies typically contain exclusions for silica-related claims. Law firms representing policyholders, however, have argued that insurers should cover silica-related injuries because stone manufacturing exposes workers to additional toxic substances.
Michael noted that insurers use the exclusion language, “in whole or in part” so that the exclusion would still stand even if silica is only one of several causes of the injury. “This type of language, which has been used with other exclusions, not just silica, has been largely enforced around the country by the courts that have encountered disputes over that language, where it’s alleged that there’s more than one cause,” he said.
