Landlord Needn't Notify Insurer of Order to Abate Nuisance

Tenant sued landlord for lead-based paint injuries to his child. Landlord notified its insurer, which refused to provide coverage. Insurer claimed that in 1990, the NYC Department of Health had sent landlord a notice to abate nuisance in the apartment, and that landlord didn't notify the insurer. Landlord then sued the insurer. Landlord argued that the abatement notice wasn't an ''occurrence'' within the meaning of the insurance policy that required notice to the insurer. The insurer asked the court to dismiss the case. The court ruled against the insurer. The insurer appealed and lost. Although the abatement notice indicated that tenant's child had high levels of lead in her blood, it didn't indicate that the child was injured or that her blood level was caused by exposure to conditions in the apartment. So the order to abate nuisance didn't trigger landlord's obligation to notify the insurer of an occurrence.

Chama Holding Corp. v. Generali-US Branch: NYLJ, 10/11/05, p. 39, col. 2 (App. Div. 2 Dept.; Miller, JP, Ritter, Goldstein, Skelos, JJ)