Last year I wrote about a construction case decided by an Ohio Court of Appeals that discussed general contractors’ insurance issues when their subcontractor’s work is defective. In that case, a commercial general liability (CGL) insurer denied a project owner and general contractor coverage for the damages caused by a subcontractor’s defective work. The trial court agreed with the insurance company and found that there was no coverage under the CGL policy’s Your Work Exclusion. The Ohio Court of Appeals, however, disagreed with the trial court and the insurer, finding that the Subcontractor Exception to the Your Work Exclusion–that is, that the Your Work Exclusion does not apply when the “Work” is a Subcontractor’s–restores coverage for the owner and general contractor. The insurer appealed and the Ohio Supreme Court has since accepted the case. The Ohio Supreme Court has received written briefs from both the insurer-appellant and the owner/general contractor-respondent.

After posting my blog on the case last year, I decided to write a longer piece on the way that other State supreme courts and legislatures handle the same issue–whether a general contractor’s CGL policy covers damages caused by a subcontractor’s defective work. So I teamed up with the Michigan Business & Entrepreneurial Law Review and published a note answering that very question. You can find the note and learn more about CGL coverage by ordering a copy from the Michigan Business & Entrepreneurial Law Review or at the following website: https://repository.law.umich.edu/mbelr/vol7/iss1/6/.