Topics covered:

Introduction

Lead Poisoning Exclusion – Maine, DL 24 43

Lead Poisoning Exclusion – Massachusetts, DL 24 41

Coverage For Lead Poisoning – Massachusetts, DL 24 42

Maryland Coverage for Lead Liability, DL 24 52

Introduction

 The widespread use of lead goes back to Roman times. In ancient Rome, lead was considered the father of all metals, used for a variety of uses from dishes, pots, and pans to face powders, rouges, mascaras, paints, a condiment for seasoning food and disguising inferior wine, and even as a spermicide. The vast network of plumbing was with lead pipes. While aware that it could cause serious health problems, they minimized the hazards, not realizing that long-term limited exposure was still very dangerous. Madness, sterility, and dementia were common results of lead poisoning. During the Middle Ages, alchemists tried to turn lead into gold, among other things, and it was frequently used to poison leaders so relatives could take their place. As time progressed, lead began to be used in weapon making, and later fuels and pipes.

 In the early twentieth century lead was used in paints that were used on furniture, walls, cribs, and other items. As early as 1904 an Australian physician made the connection between lead paint and lead poisoning in children. It causes convulsions, encephalopathy, nervous system damage, delayed development, and other conditions, including death. It tastes sweet so children may put lead chips or toys with lead dust in their mouths. By the early 1920s, countries began banning the use of lead paint indoors; the United States did not ban it until 1978, leaving many still exposed, especially in older houses. This is where the exclusions come in. An insured cannot be liable to himself for having lead paint in the home, but he is certainly liable to tenants to provide a safe environment.

 The EPA recommends having homes inspected for lead under the following conditions:

 ·Your child has been diagnosed with lead poisoning.

·You live in a home built before 1978 and children will live there.

·You are about to remodel or do anything that will disturb or generate lead based paint dust and chips.

·You are buying or renting a home. Federal law allows buyers to test to determine the presence of lead hazards.

·You are concerned about possible lead exposure.

 The EPA also provides resources to help individuals find risk assessors, inspectors, and abatement professionals.

 Lead Poisoning Exclusion – Maine DL 24 43

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 Under Exclusions, Paragraph F. Coverage L Personal Liability, Exclusion 7. is added:

7.”Bodily injury” to a person, caused by an “occurrence” of lead poisoning, starting:

a.31 days or more after either the State of Maine Department of Human Services or a lead inspector licensed by that department has given notice of the existence of an environmental lead hazard to either you or any person authorized to enter into a residential rental agreement on behalf of you and ordered that the lead-based substances at the Described Location be removed, replaced or securely and permanently covered within 30 days of receipt of the notice; or

b.Upon expiration of an extension of that order granted by the Department of Human Services or a lead inspector licensed by that department.

This exclusion does not apply to “bodily injury” which starts after the Department of Human Services states that the environmental lead hazard described in the notice no longer exists.

All other provisions of this policy apply.

 Analysis

 The exclusion is for bodily injury as a result of lead poisoning. Because an insured may have inherited a home or just decided to rent out an older home, the lead liability exclusion does not apply until thirty-one days after the Department of Human Services or a lead inspector has given notice to the insured or anyone managing the property that a lead hazard exists in the dwelling and that it needs to be removed, replaced, or securely covered up within thirty days of receipt of the notice. This gives the insured time to address and correct a problem he did not know he had until the inspection. If the insured does not follow through on the requirements and correct the issue in the time allowed, the exclusion is then in force. Once the hazard has been removed or remediated, the exclusion no longer applies. Any injury from lead poisoning would be covered, although it is highly unlikely to occur. The exclusion is not a mandatory form, but underwriting may require it on rental dwellings of a certain age where lead exposure is possible.

 Lead Poisoning Exclusion – Massachusetts, DL 24 41