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Peace Ex Rel. Lerner v. Northwestern National Insurance

Wisconsin Supreme Court (1999) | 596 N.W.2d 429; 228 Wis. 2d 106; 1999 Wisc. LEXIS 112

4 min read

TL;DR: A landlord's insurer denied coverage for a child's lead poisoning claim, citing a pollution exclusion clause. The Wisconsin Supreme Court held the clause was unambiguous and barred coverage, finding lead in paint is a "pollutant" and its chipping constitutes a "release."

Legal Significance: Established that a standard "absolute" pollution exclusion clause in a CGL policy unambiguously bars coverage for injuries from lead-based paint in a residential setting, rejecting arguments that the exclusion is limited to traditional industrial or environmental pollution.