Landlord Covered for Lead Poisoning Claim
LVT Number: 9738
Facts: Tenants sued landlord for damages based on lead poisoning injuries to their children from the time they were born in 1981 and 1986. Landlord's insurer then sued, seeking a declaration that it wasn't required to defend or indemnify landlord because the children's injuries occurred prior to the inception of the insurance policy at issue. The insurance company asked the court to rule in its favor without a trial. The court ruled against the insurance company company on this issue and the insurance company appealed.Court: The insurance company has a duty to defend landlord in tenant's legal action against landlord. The policy covered injuries in the building between July 21, 1988 and July 21, 1989. Injury included bodily injury, sickness, or disease, including repeated exposure to conditions that result in injury. While tenants' children clearly suffered injuries before the policy went into effect, the children may have suffered more injuries during the policy period. A trial was eeded to determine this.
United States Liability Ins. Co. v. Farley: NYLJ, p. 36, col. 1 (5/5/95) (App. Div. 2 Dept.; Thompson, JP, Santucci, Friedmann, Florio, JJ)