Apr 11, 2016

Georgia Supreme Court Decision Regarding Pollution Exclusion in Insurance Policy

On March 21, 2016, the Georgia Supreme Court issued a decision in Georgia Farm Bureau Mutual Insurance Company v. Smith, which involved a declaratory judgment action by an insurer that it had no duty to defend or provide coverage to a landlord against a tenant’s lawsuit alleging that her daughter suffered brain damage as a result of ingesting lead from deteriorating lead-based paint in a rental property.  In reversing a Georgia Court of Appeals decision, the Georgia Supreme Court held that a personal injury claim arising from lead poisoning was excluded from coverage under an “absolute pollution exclusion” in a… Read more