World Fence News

80 • JULY 2018 • WORLD FENCE NEWS Encon's 3rd NorCal Trade Show was planned to be small and informal but blossoms into best supported ever continued from page 78 the NorCal Trade Show annually, he added. "This event allows dealers to experience an actual trade show with- out having to bear the travel expenses typically associated with this caliber of show." To learn more about Encon's up- coming events or for details on their product offerings, visit the newly re- vamped web site at www.enconelec- tronics.com. Encon outside sales rep John Ander- son offers up his barbecue stylings. Chuck Blackwell, right, mans the USAutomatic booth. Fun games and themes are always part of the Encon tournaments and this year was no different. Above left, Dusty Beeding does his best Hulk im- pression at the DoorKing sponsored Hulk Encounter Hole, while Marty and Cathi Mickow of Valley Auto Gate tackle EMX's Wonder Woman Challenge. Regular attendees Travis Robbins, Nate Robbins, Kenny Robbins and Ted Jackson of Robbins Quality Garage Doors prepare to launch. Taking second place in the golf tour- ney with a net 63 was the team from Custom Gate and Access. Teammates are Dave Hagelthorn, Erica Scoggins, James McCain and John Hammer. Encon president Jeff Harris, left, with "Golden Ticket" winner Ed Korte of Crusader Fence in Rancho Cordova. From left, Gabe Blom, Valley Entry Sys- tems, Modesto,Calif., Lawrence Bourke, Encon Electronics and Lamar Jackson of DoorKing take a break from golf. The LiftMaster Super Hero Squad rules the day! From left, Sophie Hauville, LiftMaster; Dana Naylor, Encon; Xavier Owens, LiftMaster; and Pat Evans, Lift- Master. Tim Castello of Miller Edge, left, and Jake Balsbaugh of Valley Entry Systems in Modesto. Photos courtesy Encon Electronics First place honors went to San Carlos, Calif.-based Automatic Door Systems. Their team was comprised of four En- con tournament regulars: Matt Wilson, Matt Roehm, Rob Roehm, and Tom Roehm. Their net score of 61 was two shots lower than any other group and over 10 shots under par. ALEXANDRIA, Va. — The American Subcontractors Associa- tion, Associated General Contractors of Ohio, and Ohio Contractors Asso- ciation asked the Supreme Court of Ohio to affirm an appeals court deci- sion in a commercial general liability (CGL) insurance case that otherwise could have tremendous negative ram- ifications for subcontractors in Ohio and beyond. In an amicus, or "friend-of-the- court," brief filed in Ohio North- ern University v. Charles Construc- tion Services, Inc., and The Cincinnati Insurance Compa- ny, ASA, AGC of Ohio and OCA em- phasized that "their members have an interest in seeing that the language in commercial gen- eral liability policies be given its plain and ordinary meaning, without resort- ing to the use of judicial interpretation in attempts to alter that plain mean- ing." "It is the custom and practice in the construction industry to rely upon the coverage provided by the plain language of commercial general lia- bility policies for defective workman- ship by a subcontractor," the amici curiae said. In the underlying case, Ohio Northern University contracted in 2008 with Charles Construction Ser- vices to build a new luxury hotel and conference center on the ONU cam- pus, and most of the project construc- tion work was performed by subcon- tractors to Charles Construction. In 2011, after construction was complete, ONU discovered evidence of water intrusion and moisture dam- age to numerous areas of the build- ing. While remediating the problems, ONU discovered serious structural defects which greatly broadened the scope of the remedial work and re- quired completely removing and re- placing the brick and masonry façade. ONU sued Charles Construction, who brought in many of its subcon- tractors. Charles Construction's CGL car- rier, The Cincinnati Insurance Com- pany, moved for Summary Judgment, citing an earlier case, Westfield Ins. Co. v. Custom Agri Systems, Inc., arguing that Charles Construction's CGL policy did not provide coverage with respect to any of the damages or claims, and therefore owed no duty to defend and indemnify Charles Con- struction against ONU's claims. Cincinnati Insurance grounded its arguments in the Supreme Court of Ohio's procla- mation in Custom Agri that "claims of defective con- struction or work- manship brought by a property owner are not claims for 'property damage' caused by an 'oc- currence' under a commercial general liability policy." ONU and Charles Construction countered that Custom Agri was not as broad as Cincinnati Insurance claimed and was distinguishable be- cause the "products-completed op- erations hazard" portion of Charles Construction's CGL policy applied and that while the "your work" ex- clusion would exclude coverage for occurrence damages arising out of work performed by Charles Construc- tion, the "subcontractor exception" to the "your work" exclusion would bring the damages in this case within the scope of coverage, as the damag- es were due to the allegedly defective work of subcontractors of the primary insured. The trial court agreed with Cin- cinnati Insurance, finding that Cus- tom Agri specifically applied and not only was there no coverage, the insur- er did not even have a duty to defend the claim, because defective construc- tion was not an occurrence under a CGL policy. ONU, claiming the benefits of coverage as an additional insured, and Charles Construction appealed, ASA urges Supreme Court of Ohio to affirm appeals court decision in Ohio Northern University CGL insurance case continued on page 86 "It is the custom and practice in the construction industry to rely upon the coverage provided by the plain language of commercial general liability policies for defective workmanship by a subcontractor," the amici curiae said.

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