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Lead Paint and the Public Nuisance Laws |
In 2006, a Rhode Island jury found three manufacturers of lead pigments used in paint liable of injuries to children who had been exposed to lead paint. The paint manufacturers were found guilty of "public nuisance" laws, but appealed the decision. The state's Supreme Court rejected the claims and tossed the jury's verdict in a unanimous ruling. The court commented, "Justice is based on the relationship among people, but it must be based upon the rule of law." The court found that the factors needed to support a lawsuit based on public nuisance laws could not be made against the lead pigment manufacturers as they were "not in control of any lead pigment at the time the lead caused harm to children... making defendants unable to abate the alleged nuisance - the standard remedy in a public nuisance action."
Lead paint is but one pollutant that has caused a number of bodily injury claims over the decades. In environmental impairment claims, the various state courts have looked at a number of factors, especially in determining whether the so-called "absolute pollution exclusion" found in commercial general liability policies applies. The exclusion has been found applicable in some states to losses such as a gasoline spill at a service station, lead poisoning in a claim against a hospital, compost odors, fumes from carpet glue, carbon monoxide poisoning from fumes of a gasoline-powered saw used to cut concrete inside a shopping mall, fumes from other waterproofing and sealant materials, and even a blocked furnace vent. One insured challenged the insurer's denial on the basis of the ambiguity of the terms "vapors" or "fumes," but the court did not agree.
What may have been deemed a pollutant in one state may not necessarily be considered a pollutant in another. This requires the adjuster to know what the courts have determined in any particular jurisdiction, as the rulings are not standard. How to research such decisions is part of what is taught in Crawford Educational Services courses. For complete course listings, visit our website.
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Contact Us Today!
404.300.1526 | |
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This course combines online pre-study and an one (1) week classroom, instructor led, skill application lab. Upon completion of training, the entry level casualty adjuster will have been exposed to the knowledge and technical skills necessary to enable them to handle casualty claims while under supervision.
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Intermediate Property
September 21-October 2
The Intermediate Property class is a two-week course designed to elevate the skill sets of the basic property adjuster who has experience in homeowners claims and now needs to move up to handling commercial losses. Coverage, loss handling and case studies.
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At Crawford Educational Services, you'll get hands-on training from our expert instructors. We offer classes in property, casualty, and workers' compensation in our classroom facility in Atlanta, as well as customized programs at your location. | |
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Take Note! is a marketing tool of Crawford Educational Services, the training division of Crawford & Company. The contents and any referenced external materials are not intended to and should not be construed as legal or other professional advice, nor is such information intended to be nor should it be used as a substitute for legal or professional counsel. These materials merely convey general information about claims and claims related situations often encountered by claims professionals. While an effort is made to be accurate, Crawford & Company does not represent, warrant, promise, or imply that this information is current, accurate, thorough, or adequate.
An Equal Opportunity Employer
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