1. Forms
2. DL
3. DL-24-41

What the Form Is

The DL 24 41 Lead Poisoning Exclusion is an endorsement used primarily with dwelling insurance policies in Massachusetts. Its main purpose is to exclude liability coverage for "bodily injury" that results from lead poisoning. The form specifically redefines "bodily injury" in the context of lead poisoning to mean harm, sickness, or disease arising from such poisoning. This exclusion is a critical modification to the standard liability coverage provided by the policy.

Classes of Business It Applies To

This endorsement is predominantly used for residential properties, with a strong emphasis on those constructed before 1978, due to the higher likelihood of lead-based paint being present. It applies to:

• Rental dwellings (landlord policies).
• May also be applied to owner-occupied dwellings if deemed necessary by underwriting, especially for older homes.
• Policies that include Personal Liability coverage (Coverage L).

Real-world example: A property owner renting out a duplex built in Boston in the 1940s would likely have the DL 24 41 endorsement on their dwelling fire policy. If a tenant's child suffers from lead poisoning attributed to the premises, this endorsement would generally preclude coverage for the landlord's liability for that injury, subject to the specific terms and any exceptions.

Special Considerations

• Mandatory vs. Optional: The Massachusetts Property Insurance Underwriting Association (MPIUA) will attach this exclusion to all policies insuring pre-1978 residential units (rented or held for rental) that include dwelling personal liability. In the voluntary market, it may not be mandatory but is often required by underwriters for older rental properties.
• Gross or Willful Negligence: The exclusion typically does not absolve the insured of liability stemming from their gross or willful negligence.
• Exceptions to Exclusion: There can be specific situations where the exclusion might not apply. For instance, an exception may exist for an insured who recently acquired a property (e.g., within 90 days of taking title) and is actively complying with the Massachusetts Lead Law requirements for new owners.
• Notification Requirements: Insureds are generally required to notify their insurer if they receive official notices regarding lead hazards, such as a Letter of Interim Control or a Letter of Compliance.
• Disclosure: The Massachusetts Division of Insurance mandates that a lead disclosure notice be provided to applicants or insureds when applying for or renewing coverage.

Key Information for Agents and Underwriters

• Risk Assessment: This endorsement is a key tool for managing the significant exposure presented by potential lead liability claims, especially in older housing stock. Underwriters will carefully assess the age of the dwelling and its use (e.g., rental) when considering the need for this exclusion.
• Coverage Impact: Agents must clearly explain the implications of this exclusion to insureds, ensuring they understand the significant gap in coverage for lead-related bodily injury claims.
• Coverage Options: While DL 24 41 excludes coverage, a related endorsement, DL 24 42 (Coverage For Lead Poisoning), may be available in Massachusetts to buy back limited coverage for lead poisoning, subject to its own terms, conditions, and limits.
• Premium Impact: Premium credits may be applicable when the DL 24 41 exclusion is added to a policy.
• Regulatory Landscape: A thorough understanding of the Massachusetts Lead Law (M.G.L. c. 111, §§ 189A-199B) and its associated regulations is crucial for both agents advising clients and underwriters assessing risk in the state.
• Compliance: Ensure all state-mandated disclosures regarding lead are provided to the insured.