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Excess “Other Insurance” Clause Relieves Insurer of Duty to Contribute to Defense

April 25, 2022

Via: JD Supra

The Ohio Court of Appeals, applying Ohio law, has enforced an employment practices liability (“EPL”) carrier’s “other insurance” clause, holding that the insured’s commercial general liability (“CGL”) policy afforded primary coverage and therefore the EPL insurer had no duty to contribute to the defense of a claim. Great Am. Ins. Co. v. Phila. Indem. Ins. Co., 2022 WL 1025886 (Ohio Ct. App. Apr. 6, 2022).

A housing association was sued by its tenants seeking damages for bodily injury and civil rights violations. The insured tendered the suit to its CGL carrier based on the bodily injury claim.

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