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Ohio Supreme Court: “Those Sums” Isn’t “All Sums” Where Damages Occur at a Discernable Time

Ohio Supreme Court: “Those Sums” Isn’t “All Sums” Where Damages Occur at a Discernable Time

Posted on April 27, 2020Author thecicrPosted in Insurance

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…

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New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

Posted on August 2, 2019Author thecicrPosted in Insurance

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.

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

Posted on May 29, 2019May 29, 2019Author thecicrPosted in Insurance

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.

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