Submitted June 20, 2017
from the Court of Appeals for Scioto County, No. 15CA3704,
Hurd, L.L.P., Ronald A. Rispo, and Robert E. Goff Jr.; and
David L. Jarrett, for appellee.
McDowell, L.P.A., Caroline L. Marks, Clair E. Dickinson,
Amanda M. Leffler, Lucas M. Blower, and Paul A. Rose, for
Sater, Seymour & Pease, L.L.P., Natalia Steele, and
Thomas E. Szykowny, urging affirmance for amicus curiae Ohio
Connell, Vollmar & Armstrong, L.L.C., and T. Andrew
Vollmar, urging affirmance for amicus curiae Ohio Association
of Civil Trial Attorneys.
1} This cause is dismissed as having been
O'Connor, C.J., and Kennedy, O'Neill, Fischer, and
DeWine, JJ, concur.
O'Donnell, J., dissenting.
2} I respectfully dissent from the majority's
decision to resolve this appeal by declaring that it was
3} CMH Homes, Inc., d.b.a. Luv Homes, presented the
following proposition of law, which in my view, raises an
important issue that should be decided on the merits:
A general liability insurance policy that applies to
"property damage" that occurs during the policy
period is "triggered" by damage during the policy
period regardless of whether that damage is the continuation
or resumption of damage that first appeared before the policy
period as long as that damage was not known to the insured or
those persons specifically listed in the policy prior to the
inception of the policy.
and Procedural History
4} In November 2007, Jonathan and Heather Beattie
purchased a new manufactured home from CMH that was produced
by Skyline Corporation and installed by Bob's Home
Service, L.L.C. ("Bob's"). Almost immediately,
the Beatties noticed problems with the home, including cracks
in the drywall and the ceiling at the marriage line where the
two halves of the home were joined together. Beginning in
January 2008, CMH and Skyline made attempts to repair the
problems, but they persisted, and in June 2012, the Beatties
filed suit against Skyline, CMH, and Vanderbilt ...