Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fayette County Housing Authority v. Housing And Redevelopment Insurance Exchange

In a tort action against landlord for injuries sustained after tenant ingested lead-based paint from within the residence, summary judgment in favor of landlord against its insurance company reversed because the policy contained a pollution exclusion clause, and the appellate court had found in a prior case that lead-based paint is a pollutant.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 1 This appeal is from the order entered April 8, 1998, by the Court of Common Pleas of Fayette County, granting Fayette County Housing Authority’s (FCHA) motion for summary judgment and denying Housing and Redevelopment Insurance Exchange’s (HRIE) motion for summary judgment. *fn1 HRIE appeals the trial court’s order. *fn2 For the following reasons, we reverse and remand for further proceedings consistent with this opinion. Before addressing the merits of Appellant’s claim, we will briefly recount the pertinent facts of this case.

� 2 Katherine Umbel, on behalf of her minor son, filed a tort action against her landlord, FCHA. The suit sought recovery for injuries sustained after her son ingested lead-based paint from within her residence. At the time of injury, FCHA was insured by HRIE.

� 3 FCHA filed a declaratory judgment action seeking a determination as to whether HRIE had a duty to defend and indemnify FCHA in the lead-based paint action. Both parties filed motions for summary judgment. The trial court denied HRIE’s motion and granted FCHA’s motion. HRIE timely appealed.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Labor & Employment Associate Los Angeles

Description: Fox Rothschild LLP has an opening in the Los Angeles, CA office for an associate in our Labor & Employment Department. The ...


Apply Now ›
Associate Attorney

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
eHealth Exchange In-house Legal Counsel

Reports to: Executive Director FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remote Compensation Range: $21...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements