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Remedies Keyed to Tabb, 8th
Campbell v. Metropolitan Property and Casualty Insurance Co.
Citation:
239 F.3d 179 (2001)Facts
Faith Campbell and her children Jazmin, Alteasha, and Clarence lived in a Bronx apartment owned by Singh from January 1993 to March 1995. In January 1994, the children were tested and found to have blood lead levels ranging from 18 to 22 micrograms per deciliter, later rising to 29 to 44 micrograms per deciliter. New York City Health Department records from February and July 1994 documented extensive lead-based paint contamination in the apartment requiring abatement. Metropolitan issued three consecutive annual liability insurance policies covering Singh’s building, each providing $300,000 coverage for bodily injury from occurrences during the policy period. The policies defined occurrence to include continuous or repeated exposure to substantially the same harmful conditions resulting in bodily injury during the policy term. Campbell sued Singh in state court, and the parties entered a stipulation whereby Metropolitan paid $300,000 for the second policy period and agreed to litigate coverage for the first and third periods. Metropolitan subsequently conceded liability for the third period, leaving only the first policy period (September 5, 1992, to September 5, 1993) in dispute.
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