World Fence News

86 • JULY 2018 • WORLD FENCE NEWS ASA urges Supreme Court of Ohio to affirm appeals court decision in Ohio Northern University CGL insurance case continued from page 80 and the Hancock County Court of Appeals, Third Appellate District, re- versed. The appeals court explicitly re- jected Cincinnati Insurance's position that Custom Agri established that "all property damage" regardless of who performed it can as a matter of law never constitute an "occurrence." Further, the appeals court noted that its decision was consistent with the trend of many other jurisdictions – many of which involved cases in states where ASA has filed "friend-of-the- court" briefs – in addressing disputes with the same question. In the brief, the amici curiae, arguing that Custom Agri should be overruled, told the Ohio high court, "The [Custom Agri] decision was wrongly decided, defies practical workability, and no undue hardship would occur from abandoning the precedent," adding, "Ultimately, the Custom Agri holding is inconsistent with the law of other states consider- ing identical policies, and it is incon- sistent with Ohio law, as the general holding renders superfluous existing coverage in the CGL policy." The amici curiae concluded, "The primary argument relied upon by [Cincinnati Insurance] is the broad holding in Custom Agri. However … Custom Agri was not fully briefed by adverse parties. A full review of the law interpreting this universal CGL policy shows that Custom Agri was wrongly decided. It also defies prac- tical workability because it is in op- position to the law of numerous other states, and ultimately, would not work a hardship if it were reversed…. The holding in Custom Agri should be completely reversed." Terry W. Posey Jr. of Thomp- son Hine, LLP, Miamisburg, Ohio, prepared the brief for ASA, AGC of Ohio, and OCA. ASA's Subcontrac- tors Legal Defense Fund financed the brief. Founded in 1966, ASA amplifies the voice of, and leads, trade contrac- tors to improve the business environ- ment for the construction industry and to serve as a steward for the communi- ty. The ideals and beliefs of ASA are ethical and equitable business prac- tices, quality construction, a safe and healthy work environment, and integ- rity and membership diversity. The world according to the late Robin Williams • The Statue of Liberty is no longer saying, "Give me your poor, your tired, your huddled masses." She's got a baseball bat and yelling, "You want a piece of me?" • I only ever play Vegas one night at a time. It's a hideous, gaudy place; it may not be the end of the world per se, but you can certainly see it from there. • I'm sorry, if you were right I'd agree with you. • I used to think that the worst thing in life was to end up alone. It's not. The worst thing in life is to end up with peo- ple who make you feel alone. • Only two things are infinite: the uni- verse and human stupidity, and I'm not too sure about the former. Request a FREE printed copy or digital version of our complete Selection Guide today. ™ Reduce lost revenue and increase profits with Noodle Link™! 1.800.574.1076 • www.eprivacylink.com for NOODLE LINK ™ 2" Chain Link Fence with Selection Guide Introducing our handy new "Factory Inserted Slats" ™ Bottom Locking Slats Noodle Link ™ Bottom Locking Slats factory inserted into 2" mesh (75% privacy approx.) EZ Slats™ Noodle Link Lite ™ EZ Slats™ factory inserted into 2" mesh (75% privacy approx.) Noodle Link Plus ™ Ultimate Slats ™ Ultimate Slats factory inserted into 2" mesh (98% PRIVACY APPROX.) Noodle Link Plus ™ Ultimate Slats ™ Ultimate Slats factory inserted into 2" mesh (98% PRIVACY APPROX.) Ultimate Slats™ Noodle Link Plus ™ Ultimate Slats™ factory inserted into 2" mesh (98% privacy approx.) Top Locking Slats Flat Noodle Link ™ Top Locking Slats factory inserted into 2" mesh (75% privacy approx.) We use noodles, flexible tubes, to lock the slats securely in place some at both the top and bottom of the fence in this revolutionary new 2" fence system. And since we insert them and the slats for you during manufacturing, you don't have to insert them by hand on the job site. Call for all the details and specs.

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