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Insured’s Defective Work Is Not An ‘Occurrence,’ Ohio Federal Judge Finds

(August 18, 2016, 11:00 AM EDT) -- TOLEDO, Ohio — An insured’s alleged faulty workmanship does not constitute an “occurrence,” an Ohio federal judge ruled Aug. 16, also finding that a “total pollution” exclusion relieves a commercial general liability insurer of its duty to defend and indemnify allegations that the insured’s negligence caused roofing tar to escape from a roof and flow into a lake (Mesa Underwriters Specialty Insurance Co. v. Ronald L. Myers, et al., No. 14-2201, N.D. Ohio; 2016 U.S. Dist. LEXIS 108444).

(Order available. Document #69-160902-007R.)

In April 2013, Ronald...
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