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This 5 page legal memorandum presents the issues in a hypothetical case. Bibliography lists 4 sources.
Page Count:
5 pages (~225 words per page)
File: MH11_MHCasL66.rtf
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case filed by Mrs. and Mr. Cavanaugh, their tenants. The background of these case in question relates the fact that Mr. and Mrs. Turner live in and own a
property that also has rental units, and Mrs. and Mr. Cavanaugh resided in one of those apartments with their 4-year-old son Jason. After noting that Jason was not feeling
well, the Cavanaughs had medical testing done and discovered that Jason had lead poisoning. Tests of the home found that the Cavanaughs apartment had a significant amount of lead
paint in it. The Turners had an existing commercial general liability policy with Youngston Insurance Company on the property at the time that Cavanaughs moved into their apartment
that was still in place at the time of Jasons illness. This policy includes a general pollution exclusion clause that does not specifically list lead paint as a form
of pollution, but does relate the exclusion of injuries caused by the "discharge, dispersal, release or escape of pollutants." A number of cases have been filed since the late
1990s that have challenged whether lead paint constitutes a form of pollution. The questions raised, then, regarding the insurance companies duty to defend and further to indemnify are directly
linked to the issue of whether lead paint constitutes a form of pollution and whether this pollution was then discharged, dispersed, released or whether it escaped in some form in
order to cause the injuries. Duty to Defend The question of whether Youngston Insurance Company as a duty to defend can be answered through the application of
a number of case precedents. In particular, the case of Peace by Learner v. Northwestern National Insurance Company (1997) addresses the issue of whether lead poisoning falls under the
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