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.
Over the course of this year we have received calls weekly from Bank of America customers trying to refinance their mortgage. Typically its the result of the real estate appraiser raising concern due to paint condition in a limited area. SLC can educate and explain what we have done for customers facing this. Not all circumstances are the same, call us 770-858-5323 and we will explain the pros and cons of what other BofA customers did and outcomes.
Also, we receive calls near daily from customers trying to get a policy on their rental house. … Continue Reading . . .Read More
A Baltimore jury awarded $5 million Friday to a pair of sisters who claimed they suffered permanent brain damage from ingesting flaking lead paint in a rented West Baltimore home two decades ago.
The judgment against Stewart Levitas, a former president of a greater Baltimore landlords group, concluded a five-day Circuit Court trial of a lawsuit brought by Tajah and Tynae Jeffers, with Judge Alfred Nance presiding.
The sisters, now 22 and 18 years old, contended in their suit that they were poisoned by ingesting dust or flakes of deteriorating lead-based paint in a house in the 2100 block of Hollins St., which was owned at the time by Levitas.… Continue Reading . . .Read More