OHIO N. UNIV. v. CHARLES CONSTR.

No. 2017-0514.

120 N.E.3d 762 (2018)

155 Ohio St.3d 197

2018-Ohio-4057

OHIO NORTHERN UNIVERSITY, Appellee, v. CHARLES CONSTRUCTION SERVICES, INC., Appellee, et al.; Cincinnati Insurance Company, Appellant.

Supreme Court of Ohio.

Decided October 9, 2018.


Attorney(s) appearing for the Case

Collins, Roche, Utley & Garner, L.L.C., Richard M. Garner , and David W. Orlandini , for appellant.

White, Getgey & Meyer Co., L.P.A., David P. Kamp , Jean Geoppinger McCoy , and Carl J. Stich Jr. , Cincinnati, for appellee Charles Construction Services, Inc.

Vorys, Sater, Seymour & Pease, L.L.P., Allen L. Rutz , and Mitchell A. Tobias , Columbus, and Eastman & Smith, Ltd., and Thomas P. Kemp , Findlay, for appellee Ohio Northern University.

Kristen L. Sours , urging affirmance for amici curiae Ohio Home Builders Association and National Association of Home Builders.

Brouse McDowell, Amanda M. Leffler , P. Wesley Lambert , Lucas M. Blower , Akron, Alexandra V. Dattilo , Cleveland, and Christopher T. Teodosio , Akron, urging affirmance for amici curiae Associated Builders and Contractors, Inc.; Associated Builders and Contractors, Inc., Central Ohio Chapter; Associated Builders and Contractors, Inc., Ohio Valley Chapter; and Associated Builders and Contractors, Inc., Northern Ohio Chapter.

Thompson Hine, L.L.P., Terry W. Posey Jr. , Dayton, and Daniel M. Haymond , Cleveland, urging affirmance for amici curiae Associated General Contractors of Ohio, Ohio Contractors Association, and American Subcontractors Association.

Cavitch, Familo & Durkin Co., L.P.A., and Gregory E. O'Brien , Cleveland, urging reversal for amicus curiae Counsel for Ohio Insurance Institute.


{¶ 1} In 2012, we held that an insurance claim filed by a contractor under its commercial-general-liability ("CGL") insurance policy for property damage caused by the contractor's own faulty workmanship does not involve an "occurrence" such that the CGL policy would cover the loss. Westfield Ins. Co. v. Custom Agri...

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