RI Lawyers Weekly reports that U.S. District Court Chief Judge Mary Lisi recently decided that two children exposed to lead paint could not each receive the $100,000 limit of their landlords’ insurance policy.
The children’s parents had argued that the poisoning of each child constituted a separate “occurrence” triggering coverage under the policy.
But Judge Mary M. Lisi disagreed, finding that the harm suffered by the children was the result of a single occurrence.
“Although the children may have ingested the lead at different times and their blood tests showed different levels of exposure, the injuries all flowed from the same conditions in their immediate environment,” Lisi wrote.
You can read the opinion here.