The United States Court of Appeals for the Ninth Circuit has reversed the ruling of a lower court, ruling that Wesco Insurance Company has a duty to defend policyholder Brad Ingram Construction in a case involving a truck driver who was routinely exposed to dust created by wildfire debris.
The 2018 Camp Fire wildfire occurred in Paradise, California, destroying thousands of buildings and leaving millions of pounds of toxic debris behind. The California Department of Resources, Recycling, and Recovery (CalRecycle) hired Ceres Environmental Services to assist in cleaning the area. Ceres hired other subcontractors, including Garlow Transport, a trucking company that employed Richard Vargas during the summer of 2019, where he drove hundreds of loads of wildfire debris from work sites to waste dumps.
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