New York Appellate Court: Coverage Owed; Previous Order Not an 'Occurrence'

摘要

BROOKLYN, N.Y. - A New York appellate court on Oct. 3 held that an order to abate a nuisance did not trigger a landlord's need to notify its insurer of an "occurrence" and ruled that coverage was owed in a lawsuit later filed for lead poisoning (Chama Holding Corp., et al. v. Generali-US Branch, et al, No. 2004-01947, N.Y. Sup., App. Div., 2nd Dept.; 2005 N.Y. App. Div. LEXIS 10595). Chama Holding Corp. and its president, Boruch Greisman, were sued in the Bronx County Supreme Court by Jasmine Pierret and Raquel Soto under allegations that a child residing in a premises owned by Chama suffered injuries from lead poisoning. Chama notified its insurance carrier, Generali-U. S. Branch, of the lawsuit; the carrier disclaimed coverage on the ground that the landlord had previously received an order to abate the nuisance of lead paint from the New York City Department of Health (NYCDOH).