{ "media_type": "text", "post_content": "I had a renter's child get lead poisoning. If I get sued for medical costs, will my homeowner's insurance cover it? I have pretty robust coverage. I also live in the duplex.", "post_id": "5c869b5501dede001be3b708", "reply_count": 4, "vote_count": 0, "bowl_id": "5a5242b78e26290018502ca0", "bowl_name": "The Real Estate Bowl" }

I had a renter's child get lead poisoning. If I get sued for medical costs, will my homeowner's insurance cover it? I have pretty robust coverage. I also live in the duplex.

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Unclear, but very possibly not based on the “pollution exclusion”. This apparently may also apply to any commercial liability coverage you may have. http://resources.xlgroup.com/docs/xlenvironmental/library/industry_solutions/Lead%20Paint%20Claims%20Under%20Homeowners%20Policies.pdf I’d probably consult with a lawyer if I were in your shoes. Don’t know if you followed all the disclosure regulations that apply to lead paint etc., it seems you’re supposed to give some kind of EPA disclosure to tenants and possibly disclose any known issues with lead paint on the property. That would probably be more relevant to your liability though, and not whether or not your insurance would cover it.

Whoa. That sucks. Do you know the lead poisoning was from your property and not the school or some other place?

In California, landlords must provide a pamphlet to renters about the dangers of lead-based paint (even if there is none in the building). If they still let their kid lick the walls, I think it's on them. I'm not a lawyer, but I think it will depend on your state and whether it is something negligent on your part or that you knew about and didn't inform them of.

In MA, you have to de-lead the place if your tenant has a child under a certain age (any remember what it is off the top of my head) every state should have some regulation about lead

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