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  • By Lee E. Wasserman, LEW Corporation

Lead-based paint and your regulatory responsibilities

As a 26-year, nationally respected subject expert, I strongly believe that my predictions of the future of Lead Poisoning claims and liabilities has a very strong probability of playing out as detailed below. For years you and your property have had a series of regulatory responsibilities with your pre-1978 portfolio of residential properties that have not achieved Lead-Based Paint Free Certification. These existing lead paint regulations will now be coupled with notices & regulations from HUD that are in motion and gaining national momentum! The below recent HUD changes and other Governmental Lead Paint & Lead Hazard regulatory requirements are potentially going to collide with one another. These local regulatory responsibilities will most likely become the universal catalyst to identify a substantial number of children with Elevated Blood Lead Levels. This increased identification of children with Lead Poisoning will most likely create a corresponding increase in the number of families filing lawsuits for lead poisoning. If litigation or claims related to Lead Poisoning increase, my instinct tells me that insurance providers will pass on costs to the insured and lenders will take steps to protect their risk taking practices.


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