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Law360 Insurance Authority

Matthew M. Mendoza, Partner with Calfee's Insurance Recovery and Construction Law practice group, was quoted in the April 17, 2023, Law360 Insurance Authority article "1st Circ. Ruling Won't Be Last on Mass. Faulty Work Coverage" by Shane Dilworth.

The article discusses a forthcoming First Circuit Court ruling on the unsettled question in Admiral Insurance Co. v. Tocci Building Corp. et al., case number 22-1462 of "whether Massachusetts law requires an insurer to defend a general contractor against a suit over damages caused by a subcontractor's allegedly faulty work." 

While the article focuses on a case pending in Massachusetts, Matt Mendoza detailed the differences between Ohio and Massachusetts law. "Calfee's Mendoza said the Buckeye State high court's rulings have caused policyholders who are contractors and subcontractors to look for language that is distinguishable from the insuring agreements in those cases." 

He explained that there are some states that passed legislation requiring that "unintended defective workmanship be treated as an occurrence under CGL insurance policies, but Ohio is not one of those states."

Matt further stated, "If you've got a construction project in Ohio and insurance policies in Ohio, you need to pay attention to how occurrence is defined under the policies."

Read the full Law360 Insurance Authority article.

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