Landlord Didn't Notify Insurance Company of Lead Poisoning Claim on Time

September 30, 1999

LVT Number: 13546

Tenants sued landlord for negligence when their child suffered injuries from lead paint poisoning. Landlord's insurance company then sued landlord, seeking a declaration by the court that it wasn't responsible for defending landlord in the negligence action. The court ruled for the insurance company. Landlord waited until nine months after it was sent tenant's court complaint before it notified its insurance company. The length of this delay was unreasonable and wasn't excused by the fact that the building was sold in the meantime.

Tenants sued landlord for negligence when their child suffered injuries from lead paint poisoning. Landlord's insurance company then sued landlord, seeking a declaration by the court that it wasn't responsible for defending landlord in the negligence action. The court ruled for the insurance company. Landlord waited until nine months after it was sent tenant's court complaint before it notified its insurance company. The length of this delay was unreasonable and wasn't excused by the fact that the building was sold in the meantime.

Sphere Drake Ins. Co., PLC v. YL Realty Co.: NYLJ, p. 34, col. 4 (9/8/99) (SDNY; Francis, J)

Topics

More like this