Ohio Supreme Court Holds That Defective Workmanship Claims Do Not Trigger Coverage Under a Contractor’s Commercial General Liability Policy

In a recent decision with important consequences for owners and contractors, the Supreme Court of Ohio held that an owner’s claims for defective construction or workmanship are not claims for “property damage” caused by an “occurrence” – and thus do not trigger coverage – under a contractor’s commercial general liability (“CGL”) policy. Westfield Ins. Co. v. Custom Agri Systems, Inc., ___ Ohio St.3d __, 2012-Ohio-4712, 2012 Ohio LEXIS 2485.