Mind the Gap: Insurance Coverage for Construction Defects in the Wake of the Ohio Supreme Court’s Decision in Ohio Northern
Post date
October 23, 2018
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By: Ian H. Frank, Frantz Ward LLP
On October 9, 2018, the Ohio Supreme Court issued an important decision in Ohio N. Univ. v. Charles Constr. Servc., Inc., Slip Opinion 2018-Ohio-4057. Departing from the majority view, the Ohio Supreme Court held that a general contractor’s commercial general liability (CGL) policy does not cover claims for property damage caused by a subcontractor’s faulty work. Specifically, the Court reasoned that faulty work is not accidental or “fortuitous,” as contemplated within the policy’s definition of an “occurrence” triggering coverage.