Under Ohio law, more than one order or sale of the same type of allegedly defective product gave rise to multiple occurrences under a commercial Follow-Form Excess Liability insurance policy issued by American Guarantee. The American Guarantee excess policy followed the form of the primary Commercial General Liability (CGL) policy issued by Arch.
"As a follow-form excess insurance policy, the American Guarantee Policy 'incorporates the terms and conditions of the underlying insurance,' and defines 'underlying insurance' to include the Arch Policy." Big Lots Stores, Inc. v. American Guar. & Liab. Ins. Co., 240 F. Supp. 3d 725, No. 2:14–cv–02635, 2017 WL 821671 (S.D. Ohio March 2, 2017).
Under the Arch primary policy, which was incorporated into the American Guarantee Follow-Form Excess policy, multiple sales gave rise to multiple occurrences. So it was also true of the American Guarantee excess policy which followed it, the federal court held in this case involving Ohio substantive law.
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