Advertising Disclosure Email Disclosure

CGL policy does not cover damage that began before the policy’s inception.

April 1, 2018
Lightning Rod Mut. Ins. Co. v. Southworth, 151 Ohio St.3d 70, 2017-Ohio-7438

After full briefing and oral argument, the Ohio Supreme Court dismissed the appeal, letting stand the Fourth Appellate District’s decision found at 2016-Ohio-3473. In that case, the Court of Appeals affirmed summary judgment for the insurer, finding that an occurrence-based CGL policy did not cover claims against the insured, which were first discovered some ten months prior to the inception of the policy. The underlying claimant had appealed, and the Supreme Court accepted the appeal. After full briefing and oral argument, the Supreme Court dismissed the appeal as “improvidently allowed.” Justice O’Donnell wrote an eight-page dissent, arguing that the appeal should have been decided on the merits. The dismissal of the appeal as “improvidently allowed” is not an affirmation of the Court of Appeals decision, but the Court of Appeals decision remains the law in the Fourth Appellate District and is persuasive authority elsewhere in Ohio.


Case Law Alerts, 2nd Quarter, April 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

David J. Fagnilli
(216) 912-3792

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."