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Wilson Indus. Elec. Inc. v. The Cincinnati Ins. Co.

The manufacturer's general liability insurance policy unambiguously excluded coverage for the plaintiff's injury arising out of the manufacturer's failure to install a guard on its stone-cutting saw.

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Cincinnati Insurance Company sought declaratory relief to determine its obligations under a general liability insurance policy it issued to Wilson Industrial Electric, Inc. John Herman, an employee of B & S Quarries, sued Wilson Industrial, alleging he was injured by a stone-cutting saw manufactured by Wilson Industrial when his foot was caught in its moving parts. The trial court granted summary judgment to Cincinnati, declaring that the insurer had no obligation under the insurance policy to defend the suit or to provide bodily injury liability coverage to Wilson Industrial due to a “Products completed operations hazard” exclusion. Wilson Industrial appeals, arguing that the policy is ambiguous. We affirm.

Summary judgment is proper only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 Applying the de novo standard of review to an appeal from a grant of summary judgment, we must view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmoving party.2

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