Lead Paint Poisoning Excluded from Coverage

June 30, 1993

LVT Number: 7088

A building superintendent sued landlord for negligence, claiming that landlord neither removed lead paint from her apartment nor warned her of its dangers. The super lived in the building with her family. She claimed that her infant daughter was injured by the lead paint. Landlord, in turn, sued its insurance company to force the insurer to join the lawsuit. The court dismissed the case against the insurance company. Landlord's insurance policy contained clauses absolutely barring claims based on pollution and claims brought by landlord's employees.

A building superintendent sued landlord for negligence, claiming that landlord neither removed lead paint from her apartment nor warned her of its dangers. The super lived in the building with her family. She claimed that her infant daughter was injured by the lead paint. Landlord, in turn, sued its insurance company to force the insurer to join the lawsuit. The court dismissed the case against the insurance company. Landlord's insurance policy contained clauses absolutely barring claims based on pollution and claims brought by landlord's employees. Under the policy, pollutants included any solid, liquid, or gaseous matter and lead paint were included under the policy's definition.

Oates v. State of New York: 597 NYS 2d 550 (2/24/93) (Ct. Claims NY; Weisberg, J)

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