In Southern Silica of Louisiana, Inc. v. Louisiana Ins. Guar. Ass'n, 2008 WL 928494 (La., 2008), the insureds, Silica of Louisiana, Inc. and Mid State Sand and Gravel Company, L.L.C. (collectively “Southern Silica”), brought an action against Insurance Guaranty Association (IGA) for a declaratory judgment that IGA was required to defend and indemnify Southern Silica for silicosis claims pertaining to years when IGA issued the only liability policies.

Southern Silica alleged they had been named as defendants in approximately 500 silicosis suits filed in Louisiana, Texas, and Mississippi . The plaintiffs in the silicosis suits claim they were exposed to silica dust over long periods of time, with some exposure dates ranging from 1965 to 2003. Southern Silica sought a declaration that the Louisiana Insurance Guaranty Association (“LIGA”) owed them indemnity and/or defense for exposure dates during the years 1977 through 1982, when Southern Silica was insured by Reliance Insurance Company (“Reliance”) under a number of commercial general liability and excess/umbrella liability policies.