When A Construction Defect Occurs, Is It An Occurrence?

Law360, New York (March 28, 2012, 1:08 PM EDT) -- An Ohio appellate court has joined other courts that have ruled that no liability insurance coverage exists for physical damage caused to a construction project by defective construction. In Myers v. United Ohio Ins. Co., the Ohio Fifth District Court of Appeals denied a homeowner’s claim on its contractor’s liability insurance policy for coverage for damage to the contractor’s work resulting from leaks through its defectively constructed roof.

The court based its ruling on the ground that defective construction is not an “occurrence” as defined in...
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