Eric A. Berg | Ogletree Deakins | October 15, 2018 In an opinion released on October 9, 2018, the Supreme Court of Ohio held that a general contractor’s commercial general liability insurance did not cover the defective work of either that contractor or its subcontractors. Ohio Northern University v. Charles Construction Services, Inc., No. 2017-0514 (2018).… Continue reading Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance For Subcontractors’ Defective Work
Category: General Liability Policy
Despite Modern Trend, Ohio Supreme Court Does Not Reconsider Prior Precedent – Finds Inadvertant Defective Work by Subcontractor can Never be a Fortuitous ‘Occurrence’
Clifford Shapiro | Barnes & Thornburg LLP | October 15, 2018 The Ohio Supreme Court ruled on Oct. 9, 2018, that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the Commercial General Liability (CGL) insurance policy, and is therefore not covered. Ohio Northern University v. Charles… Continue reading Despite Modern Trend, Ohio Supreme Court Does Not Reconsider Prior Precedent – Finds Inadvertant Defective Work by Subcontractor can Never be a Fortuitous ‘Occurrence’
Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Nora Valenza-Frost | PropertyCasualtyFocus | September 14, 2018 Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts, constitutes an “occurrence” under a standard commercial general liability (CGL) policy. Generally, but not always – and it varies from jurisdiction to jurisdiction – courts… Continue reading Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
CGL Policies and the Professional Liabilities Exclusion
David Adelstein | Florida Construction Legal Updates | August 11, 2018 Commercial general liability (CGL) policies for contractors traditionally contain a professional liabilities exclusion. This exclusion is generally added through aspecific endorsement to eliminate coverage for professional services. Read the endorsement The point of the exclusion, in a nutshell, is simply to eliminate a CGL policy for a… Continue reading CGL Policies and the Professional Liabilities Exclusion
Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My
James W. Bryan | Nexsen Pruet | July 19, 2018 Additional insured coverage in construction projects is one of the most vexing issues facing insurance coverage lawyers. Add to the complexity a priority dispute between primary and excess insurers and you have a recipe for complex coverage litigation. Recently, the Fourth Circuit tackled these issues… Continue reading Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My