WESTFIELD INS. CO. v. CUSTOM AGRI SYS., 130 Ohio St.3d 1415 (2011)

2011-Ohio-5605, 956 N.E.2d 307

No. 2011-1486.Supreme Court of Ohio.
November 2, 2011.

Certified Question of State Law, United States Court of Appeals for the Sixth Circuit, No. 11-3213.

MOTION AND PROCEDURAL RULING
On review of preliminary memorandum pursuant to Sup.Ct.Prac. R. 18.6. The court will answer the following questions:

(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?

(2) If such claims are considered “property damage” caused by an “occurrence,” does the contractual liability exclusion in the commercial general liability policy preclude coverage for claims for defective construction/workmanship?

Pfeifer, Lanzinger, and McGee Brown, JJ., dissent.