Georgia Joins Growing Consensus that Lead-Based Paint is a Pollutant

For the first time, the Supreme Court of Georgia declared that lead-based paint is a “pollutant” as the term is used in the absolute pollution exclusion of a commercial general liability policy.

The plaintiff, Amy Smith, individually and on behalf of her daughter, sued her landlord, Bobby Chupp for injuries the daughter sustained as the result of ingesting lead from deteriorating lead-based paint at the house Smith rented from Chupp. Chupp held a CGL policy issued by Georgia Farm Bureau Mutual Insurance Company (GFB) that …

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