All of you that own rental houses should pay attention.

In a recent court case an action was brought against a property owner by his tenant for led poising sustained by the tenants child.

The home which had recently been purchased, was an older home, with several layers of paint on the walls, some of which was pealing.

The property owner filed a claim with his homeowners insurance carrier, which provided extended liability coverage for the rental property.

The insurance carrier denied coverage on several grounds.

The court held, that the "led paint" was a preexisting condition, and was not covered under the homeowners policy therefore no coverage was provided under the liability section of homeowners policy.

In this case the property owner was lucky as the court also found that the tenant could not prove the "led poising symptoms" were caused or sustained while they occupied the house and their claim was denied.

If the court had found in both the insurance carriers and the claimants favor the property owner could have suffered financial ruin, as there was no coverage provided under his policy.

The door has been opened...........and you can bet more claims will be filed of a similar nature

It is suggested that if you own an older home you should have it inspected by a qualified firm to determine if there is any led paint on any of the surfaces or any asbestos anywhere in the house. If they find any, protect yourself, get rid of it. There are firms which specialize in "hazards waste" removal.

If you have an umbrella or excess liability policy check with your agent or the company and determine if this type of claim is covered.......GET IT IN WRITEING.