Visitor's Lead Poisoning Claim Not Covered

April 1, 2003

LVT Number: 16438

Landlord sued its insurance carrier when the carrier refused to cover landlord for a lead poisoning claim. Under landlord's policy, the insurer covered claims by tenants in landlord's building for lead paint poisoning. Landlord had been sued by a nontenant whose child visited tenant's apartment and who nontenant claimed was exposed to lead paint poisoning there. The court ruled for landlord and said that the insurer had to cover landlord. The insurer appealed and won. Landlord's insurance coverage contract clearly stated only that it covered claims by tenants.

Landlord sued its insurance carrier when the carrier refused to cover landlord for a lead poisoning claim. Under landlord's policy, the insurer covered claims by tenants in landlord's building for lead paint poisoning. Landlord had been sued by a nontenant whose child visited tenant's apartment and who nontenant claimed was exposed to lead paint poisoning there. The court ruled for landlord and said that the insurer had to cover landlord. The insurer appealed and won. Landlord's insurance coverage contract clearly stated only that it covered claims by tenants. The child wasn't a tenant or the child of a tenant. So landlord wasn't covered.

2619 Realty, LLC v. Fidelity and Guaranty Insurance Company: NYLJ, 3/27/03, p. 19, col. 2 (App. Div. 1 Dept.; Nardelli, JP, Tom, Lerner, Marlow, Gonzalez, JJ)

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