Court Finds Business Risk Exclusion Inapplicable to Mold Claim

COLUMBUS, Ohio - An Ohio appellate court on Feb. 6 reversed judgment for an insurance company after concluding that a trial court erred in finding that mold damage did not constitute an 'occurrence' under a contractor's liability policy and that a business risks exclusion applied to defective workmanship claims. Dublin Building Systems v. Selective Insurance Company of America, et al., No. 06AP-213 (Ohio 10th App. Dist.).

Having found for Dublin Building Systems on its contract claims against Selective Insurance Company of America, Ohio's 10th District Court of Appeals remanded to the trial court for a determination on Dublin's bad faith …