Insurance Coverage For Lead Paint Claims: A “How-To” for Landlords and Residential Property Managers
Title:
Insurance Coverage For Lead Paint Claims: A “How-To” for Landlords and Residential Property Managers
Author:
Bick, Thomas K. Schruben, Thomas
Appeared in:
Environmental claims journal
Paging:
Volume 13 (2001) nr. 4 pages 29-54
Year:
2001-10-01
Contents:
After a brief lull in the late 1990s, suits against building owners, landlords, building managers, housing authorities and others alleging harmful exposures of building occupants to flaking lead paint or paint dust again appear to be on the rise. This increase is probably the result of a number of factors, including new laws imposing additional burdens on landlords to assure their properties are lead-paint-safe, court cases imposing higher standards of care on landlords in lead paint cases, recent highly publicized damage awards, and the federal government's enforcement initiative against landlords who fail to comply with the notice and abatement requirements in the federal Lead Hazard Reduction Act. There is now a substantial body of case law that addresses insurance coverage for lead paint claims, especially in states with large urban centers where such claims are most common. Accordingly, it is easier now than ever before for landlords to assess whether they have coverage for lead paint claims and to develop a workable strategy for pursing those claims. This article presents a stepwise process for landlords and their lawyers for developing and implementing such strategies.
Journal description