Lead Paint Abatement and Insurance Coverage in New York

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Lead Paint Abatement and Insurance Coverage in New York

On March 24, 2022, the Appellate Division of the Supreme Court of New York, First Department, issued a noteworthy ruling in Certain Underwriters at Lloyd’s, London, et al. v. NL Industries, Inc., 2022 NY Slip Op 02056.

The case is noteworthy for a few reasons in terms of the interpretation of insurance coverage and issues like the fortuity doctrine, expected/intended consequences, legal damages versus equitable relief, and the definitions of bodily injury and property damage.

Another notable aspect of this case, and one that should never be underestimated, is the asset value of historical insurance policies.  In this case, this value is in the tens of millions of dollars.

Joseph M. Junfola

Insurance Consultant

Junfola Insurance Consulting