The Supreme Court of Ohio determined that a lead paint manufacturer is not entitled to coverage because the money it paid to an abatement fund is not considered “damages.” The case is Sherwin-Williams Co. v. Certain Underwriters at Lloyd's London, 2024 Ohio LEXIS 2789 (Ohio 2024).

The Underlying Suits

Sherwin-Williams and several other paint manufacturers were sued in multiple states for creating a public nuisance based on their promotion and sale of lead-based paint in the first half of the 20th century. The numerous homes and other buildings across the country that had been decorated with Sherwin-Williams’s lead-based paint had exposed thousands of people, particularly children, to the toxic chemical. A suit in California ended in a settlement that saw Sherwin-Williams and two other paint manufacturers contributing approximately $101.67 million each to an abatement fund designated for the state government to use in decreasing the chances of future lead poisoning, which included but was not limited to testing buildings for lead paint, implementing corrective measures, and educating the public on lead poisoning.