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Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national lead paint poisoning defense law firm. We represent solely defendants in lead paint poisoning cases. For an initial courtesy consultation, call us at (410) 720-6129 or (410) 730-5016, or email us at charlesjeromeware@msn.com. We fight, you win.
Allocation of Defendants' Lead Paint Poisoning Liability Pursuant to Maryland Law:
A controlling and recent case on this issue comes in the form of Pennsylvania National Mutual Casualty Insurance Company v. Roberts, Case No. 10-1987 (4th Circuit U.S. Court of Appeals, February 3rd, 2012).
The Fourth Circuit appellate court considered on insurer's (insurance company's) allocation of liability damages under Maryland law, for a $850,000.00 judgment arising from lead paint poisoning, where the insurer's time on the risk (coverage time) was only a fraction of the plaintiff's exposure to lead paint poisoning. The insurer had sought a declaratory judgment that its allocation of funds was no more than 40% because it had covered its insured (defendant) for no more than 40% of the time in which the plaintiff was exposed to lead poisoning.
DECISION: The Fourth Circuit agreed with the insurer (insurance company) and ruled that the insurer was only liable for 22 months/55 months of time-on-the-risk, or 40% of the $850,000.00 money judgment.
The Fourth Circuit essentially relied on Maryland case precedent which holds that in lead paint or "continuous trigger" cases like this, Maryland courts engage in a pro rata time-on-the-risk allocation of liability. Under this method of allocation, each insurer is liable for that period of time it was "on the risk" compared to the entire period during which damages occurred, and losses will be prorated to the insured for the period during which it was uninsured.
If you or someone you know have been named as a defendant in a lead paint poisoning lawsuit, call us immediately.
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