Ohio Supreme Court Rules that Claims for Defective Construction Work or Workmanship are not Claims for Property Damage Caused by an Occurence Under a CGL Policy

In Westfield Insurance Company v. Custom Agri Systems, Inc., 2012 ­Ohio ­4712, decided October 16, 2012, the Ohio Supreme Court finally, after years of litigation in the Ohio lower courts, definitively answered this question certified to it by the United States Court of Appeals for the Sixth Circuit:

(1) Are claims of defective construction/workmanship brought by a property owner claims for “property damage” caused by an “occurrence” under a commercial general liability policy? . . . 2012 – Ohio Supreme Court Rules that Claims for Defective Construction Work or Workmanship are not Claims for Property Damage Caused by an Occurence Under a CGL Policy