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Fayette County Housing Authority v. Housing And Redevelopment Insurance Exchange

In a tort action against landlord for injuries sustained after tenant ingested lead-based paint from within the residence, summary judgment in favor of landlord against its insurance company reversed because the policy contained a pollution exclusion clause, and the appellate court had found in a prior case that lead-based paint is a pollutant.

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� 1 This appeal is from the order entered April 8, 1998, by the Court of Common Pleas of Fayette County, granting Fayette County Housing Authority’s (FCHA) motion for summary judgment and denying Housing and Redevelopment Insurance Exchange’s (HRIE) motion for summary judgment. *fn1 HRIE appeals the trial court’s order. *fn2 For the following reasons, we reverse and remand for further proceedings consistent with this opinion. Before addressing the merits of Appellant’s claim, we will briefly recount the pertinent facts of this case.

� 2 Katherine Umbel, on behalf of her minor son, filed a tort action against her landlord, FCHA. The suit sought recovery for injuries sustained after her son ingested lead-based paint from within her residence. At the time of injury, FCHA was insured by HRIE.

� 3 FCHA filed a declaratory judgment action seeking a determination as to whether HRIE had a duty to defend and indemnify FCHA in the lead-based paint action. Both parties filed motions for summary judgment. The trial court denied HRIE’s motion and granted FCHA’s motion. HRIE timely appealed.

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