Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

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Shannon M. Warren discusses Ohio N. Univ. v. Charles Constr. Servs.

December 11, 2018
Shannon M. Warren - The Subrogation Strategist

In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL) insurance policy provided coverage for defective work completed by its subcontractor. Rejecting the majority trend, the court held that, because the subcontractor’s faulty work was not an “occurrence” caused by an accident – i.e. a fortuitous event – within the meaning of the contractor’s CGL policy, the insurer did not have to defend or indemnify the contractor with respect to the plaintiff’s claims.

Ms. Warren may be contacted at warrens@whiteandwilliams.com



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