Liability Coverage For Lead Paint Contamination: The Rhode Island Public Nuisance Lead Paint Litigation, One Year Later
This memorandum addresses the decision of the Honorable Michael A. Silverstein of the Rhode Island Superior Court issued on February 26, 2007 denying post-trial motions seeking to overturn a February 2006 jury verdict finding the "cumulative presence of lead pigment in paints and coatings on buildings throughout the State of Rhode Island" constituted a public nuisance that Sherwin Williams Co., Millennium Holdings, and NL Industries, Inc. are responsible to abate. In addition to providing background regarding the decision, the memorandum also addresses insurance coverage for equitable abatement remedies.