By: John S. Anooshian and Michael E. DiFebbo The Ohio Supreme Court declined to adopt a bright-line rule regarding whether Ohio’s “all sums” allocation rulings apply to property damage occurring over multiple policy periods under policies that use the phrase “those sums.” The court found this closely watched case, Lubrizol Advanced Materials, Incorporated v. National…
In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019, a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work.
Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.
