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Sherwin-Williams has the right to coverage in lead paint box



An Ohio appeals court overturned a lower court decision Thursday, ruling in a split opinion that paint maker Sherwin-Williams Co. is entitled to insurance coverage, in lawsuits filed against dozens of insurers related to lead paint damage in California homes.

Cleveland-based Sherwin-Williams and two other paint manufacturers were ordered to pay more than $400 million into an abatement fund to be used by California cities and counties to mitigate the dangers posed by lead in pre-1951 homes, including identifying lead hazards, removing lead dust and prevent further deterioration of lead paint, according to the ruling by the Cleveland-based appeals court in The Sherwin-Williams Co. v. Certain Underwriters at Lloyd̵

7;s of London, et al.

In December 2019, a trial court granted summary judgment in favor of the insurers in the ensuing coverage dispute.

Reversing the court’s judgment, the majority opinion held that the funds paid into the abatement fund should have been considered damages and therefore covered.

“Under Ohio law, ‘damages’ in its plain and ordinary meaning is necessarily broad enough to encompass a variety of remedies, including compensatory damages, injunctive relief, restitution and other equitable relief,” the majority’s 2-1 opinion said, in claimed. the lower court decision.

The dissenting opinion stated that it disagrees with the majority that the funds paid into the abatement fund should be considered damages.

Attorneys in the case did not respond to requests for comment.


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