Health Issues from Asbestos
Asbestos is a fibrous mineral that occurs naturally in the environment and consists of tiny fibers so small that they are only visible with a microscope. When disturbed, they float in the air and can be inhaled. Asbestos had long been recognized as a health threat to humans because the fibers enter the lungs. The body has no way to remove the fibers from the lungs. They irritate and inflame lung tissues, which leads to permanent scar tissue. This causes shortness of breath, which leads to lung cancer and/or heart failure. Due to the significant public health hazards associated with long-term asbestos exposure, the U.S Environmental Protection Agency (EPA) banned all new uses of asbestos in 1989 and established stringent regulations for the handling and disturbance of asbestos in the U.S.
Building Materials Containing Asbestos
Asbestos was used in building materials in the past, such as roofing shingles, “popcorn" ceilings, taping compounds for walls, ceiling tiles, floor tiles, and pipe, boiler, and duct insulation. Condominium associations built before the 1980s are likely to contain asbestos.
Remodel Projects
Older condominium associations (pre-1980) in which the association or its members engage in activities that may disturb asbestos should first test to determine where asbestos may be located in the building. If asbestos is discovered, contractors should be alerted to take appropriate measures to protect themselves and residents in the building. Contractors and subcontractors should consider purchasing an Environmental Liability or an Asbestos Abatement Liability policy if available. Boards should check with their association's insurance broker to determine whether such policies are available and whether the association can be named as an additional insured.
Insurance Exclusion
General liability insurance policies, property liability policies, and Directors & Officers liability policies purchased by associations exclude coverage for asbestos. They will not cover contamination, cleanup costs, bodily injury, property damage, or legal defense expenses related to asbestos. Coverage may be available if asbestos was unavoidably disturbed during repairs associated with a covered property claim.
Additional Information
For additional information, see "A Consumer's Guide to Asbestos," published by California's Department of Consumer Affairs.
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