Do Insurance Policies Cover Settlement in Lead Paint Lawsuit?
The Sherwin-Williams Company v. certain underwriters at Lloyd's of London et al., Case No. 2023-0255
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Do commercial general liability (CGL) insurance policies cover an insured that is found legally responsible for harm and is required to pay into an abatement fund?
- Does the term "damages" in CGL policies include monetary payments the insured must make that don't compensate anyone for a loss or an injury?
- Do Ohio public policy and CGL policies prohibit insurance coverage when an insured is "substantially certain" or had "actual knowledge" that its conduct would cause harm?