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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.[1]

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