Posted In: Construction Contracting & Disputes, Insurance Recovery and Real Estate
Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
on May 23, 2023
In 2012, the Ohio Supreme Court inWestfield Ins. Co. v. Custom Agri Sys., Inc.,1 first defined the "fortuity doctrine," building upon the Court's previous definition of "accidental" within the context of CGL insurance policies—i.e., something "unexpected, as well as unintended."2 Adopting the commentary of the doctrine from the 11th District, the Court opined:...