Does Negligence In Constructing and Designing a Building Fall Within Coverage Policies Definition of Occurrence of Accident ?
In Erie Ins. Exchange v. Colony Dev. Corp. (1999), 136 Ohio App.3d 406, 736 N.E.2d 941, the Court held that "allegations that a building contractor breached its duty to construct or design a building in a workmanlike manner are sufficient to invoke the general coverage provision for property damage caused by an occurrence." Id. at 415.
The policy in Erie defined "occurrence" exactly as it is defined in the policy at issue here.
This court reasoned that allegations of negligence in constructing or designing a building reasonably fall within the policy's definition of occurrence, that is, accident, because negligent acts are not done with the intent or expectation of causing injury or damage. Id. at 414.