OHIO CASUALTY INSURANCE COMPANY VS. ISLAND POOL & SPA,
INC.
A-3216-09T2 02-09-11
We construe the "ongoing operations" j(5) exclusion
contained in the comprehensive general liability insurance
policy issued by Ohio Casualty to its insured, a company that
maintains and installs swimming pools. During the course of the
repainting project Island Pool had been hired to perform, the
swimming pool was damaged when it popped out of the ground. We
held that j(5) "ongoing operations" exclusion entitled the
carrier to deny coverage for the expenses Island Pool incurred
in repairing the pool because, as specified in the j(5)
exclusion, the property damage occurred while Island Pool's work
was ongoing, the damage arose out of the work Island Pool was
performing, and the damage was to the particular part of the
real property on which Island Pool was working
