CONTINENTAL INSURANCE COMPANY v. LOUIS MARX & CO., INC.

No. 80-369.

64 Ohio St. 2d 399 (1980)

CONTINENTAL INSURANCE COMPANY, APPELLEE, v. LOUIS MARX & Co., INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 1980.


Attorney(s) appearing for the Case

Messrs. Gallagher, Sharp, Fulton, Norman & Mollison, Mr. John B. Robertson and Mr. Alan M. Petrov, for appellee.

Messrs. Spangenberg, Shibley, Traci & Lancione, Mr. John D. Liber, Messrs. Vorys, Sater, Seymour & Pease, Mr. John C. Elam, Mr. Robert E. Leach and Mr. Philip A. Brown, for appellants.


SWEENEY, J.

Exclusion (k), known in the insurance community as a "business risk" exclusion, contains essentially three provisos. In order for liability for bodily injury or property damage to be excluded from coverage under Continental's policy, the following conditions must all occur:

(1) the injury or damage must result from the failure of the insured's product to perform the function or serve the purpose intended by the insured;

(2) such...

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