(Reuters) – Four U.S. senators on Friday urged the Army to detail the steps it is taking to safeguard children from lead poisoning, citing a Reuters investigation into hazards on military bases.
The letter, written by Democratic Senators Tim Kaine and Mark Warner of Virginia, along with Republican Senators David Perdue and Johnny Isakson of Georgia, came a day after Reuters reported that more than 1,000 young children tested at military clinics had elevated lead levels between 2011 and 2016.
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.
Lead was found in water samples at Rowland and Pleasantdale elementary schools and the Margaret Harris Comprehensive School, DeKalb County School District officials said late Monday.
The school district posted testing reports from six schools. Of those, no lead above the Environmental Protection Agency’s action level of 15 parts per billion was discovered at Evansdale and Jolly elementary schools and Coralwood Education Center.
The EPA limits lead levels to 15 parts per billion. School water fountains should not exceed lead concentrations of 1 part per billion, recommends the American Society of Pediatrics, saying even low lead levels could affect behavior and learning.