Government Base

August 30, 2017

Lead-Based Paint Is a “Pollutant” within CGL Pollution Exclusion

Source: http://www.constructionrisk.com, August 2017
By: Kent Holland

Where lead-based paint was ingested by a tenant’s child, the tenant sued her landlord for injuries allegedly sustained by the child. The landlord tendered the claim to its commercial general liability (CGL) insurer who, instead of defending the case, filed a declaratory judgment action seeking a determination that the pollution exclusion of the CGL policy barred coverage for the alleged injuries. The Owner held that, although not specifically listed in the pollution definition as a “pollutant,” lead-based paint is, in fact, a “pollutant” within the meaning of the policy. The policy’s pollution exclusion was, therefore, applicable, and the insurer had no duty to defend and indemnify the landlord. See Georgia Farm Bureau Mut. Ins. Co. v. Smith, 298 Ga. 716, 784 S.E.2d 422 (2016).

The terms of the CGL policy required the insurer “to pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’” … “only if: (1) the ‘bodily injury’ or ‘property damage’ is caused by an ‘occurrence’ that takes place ….” An occurrence is defined as “an accident.” Coverage was subject to exclusions, including the pollution exclusion, which provided that the insurance does not apply to “(1) ‘[b]odily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ‘pollutants’: (a) [a]t or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured.”…

April 19, 2011

Ex-Camp Lejeune schools worker sues over water

Source: http://washingtonexaminer.com, April 15, 2011
By: Tom Breen

Contaminated water at Camp Lejeune led to an aggressive form of cancer for a woman who worked at schools on the base for over two decades, according to claims in a federal lawsuit that will be considered with several others by a judge in Atlanta.

Linda Jones, of Jacksonville, seeks unspecified damages in the lawsuit filed this week. Jones, 62, says she developed non-Hodgkins lymphoma in 2007, after about 22 years of working in food service at schools on the Marine Corps base.…

February 2, 2011

Reports of Strontium-90 Presence Prompt EPA Probe in N.C.

Source: http://www.insurancejournal.com, July 13, 2007
By: Estes Thompson

The Environmental Protection Agency is investigating whether cancer-causing radioactive material was buried in the 1980s near a rifle range at Camp Lejeune, N.C., the Marine Corps’ primary base on the Atlantic Ocean.

A recently recovered Navy document dated 1981 said the material included 160 pounds of soil and two animal carcasses laced with strontium-90, an isotope that causes cancer and leukemia.

“We are looking into this information to determine if we need to sample and where,” said Dawn Harris-Young, a spokeswoman for the EPA’s regional office in Atlanta. “It’s really early.”…