Wednesday, February 12, 2014

BALTIMORE DEFENSE LEAD PAINT INSURANCE POLICY EXCLUSION : A DEFENSE ATTORNEY WARNING

www.charlesjeromeware.com. " Here to make a difference."

Because of their  high incidence of lead paint poisoning, Baltimore city residential properties are generally not well-covered for lead liability by insurance carriers.  Lead poisoning policy exclusions tend to be prevalent in Baltimore, as a result. However, there are some exceptions; some residences actually are covered for lead liability by some insurers. Therefore, when a lead poisoning claim is filed against a landlord, it always wise to check the relevant policy to see if lead coverage is or was provided or in place on the property  at the relevant time of the alleged incident.

Caveat:  Since most lead paint cases in Baltimore are filed long (many years) after the alleged incident, many owners, landlords and property managers simply do not have adequate records on the property concerning the issue of insurance (or lack thereof). Further, to compound this problem, it is generally accepted that insurance carriers do not have the legal responsibility to retain copies of the insured's policies. The burden, then, is on the insured to produce documentation supporting his or her claim of lead coverage. Without a policy proving coverage, insurance companies will not defend the lead paint/poisoning case.

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