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The first thing I recommend a landlord should do when sued for lead paint poisoning is to immediately
find out if they have or had liability insurance coverage for the situation. As simple as this step may seem, like everything else associated with lead poisoning claims it is not simple.
While insurance companies routinely provided liability coverage for lead poisoning claims in the 1970s, 1980s, and part of the 1990s, thereafter coverage became much more difficult and expensive. In fact, in many situations today insurance companies routinely exclude coverage for lead paint.
Important factors to find out in determining whether your insurance covered the claim are (i) to find out whether the child lived on the property (if possible); then, if so, (ii) when the child lived on the property (if possible); (iii) what was the age of the child at the time (allegedly); and (iv) when the child had elevated lead levels (if at all). In any event, CONTACT YOUR INSURANCE COMPANY IMMEDIATELY TO DETERMINE IF YOU ARE COVERED FOR THE CLAIM.
Next, contact a lead paint defense lawyer.
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