SAVANNAH, GA (WTOC) –
It’s been four years since the water crisis in Flint, Michigan, began to dominate national headlines.
Officials in Flint discovered aging pipes were causing lead to leak into their water supply, potentially exposing more than 100,000 residents to high levels of lead.
Dangerous levels of lead, however, are not exclusive to Flint.
Pediatric health records reveal one in six children living in Savannah’s historic district are living with high lead levels. That’s three times higher than what children were exposed to during the water crisis in Flint.… Continue Reading . . .Read More
Property owners and landlords should be aware that if a tenant or others are injured as a result of poisoning from lead or other substances which are defined as “pollutants,” there is a good chance that your liability insurance policy does not provide coverage for the tenant’s claimed damages and you will not be entitled to a defense of a lawsuit seeking damage against you.
On March 21, 2016, the Georgia Supreme Court reversed an appellate court’s first impression ruling and held that a personal injury arising from lead poisoning due to lead-based paint ingestion is excluded from coverage under a commercial general liability (“CGL”) insurance policy’s “pollution” exclusion provision. The Georgia Supreme Court further held that an insurer owes no duty to defend its insured against allegations of personal injury resulting from the ingestion of lead-based paint in a residential rental property owned by the insured policyholder.
The insured – a landlord of residential rental property – was sued by his tenant after the tenant’s daughter sustained permanent personal injury from the ingestion of lead-based paint that was present in the rental property.