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Oxner v. Montgomery

8/1/2001

uilt the house and prior to selling it to the plaintiffs. Therefore, the requirements of the "premises alienated" exclusions in both the Maryland and Ohio policies are satisfied and there is no insurance coverage by either policy for the damage claimed herein. We also reject the argument that application of the "premises alienated" provision renders ineffectual the products-completed operations coverage under the general terms of the policy. Coverage is not completely abrogated; it is merely excluded in some limited and well-defined circumstances. We find that as to both insurance companies, the clear wording of the "premises alienated" exclusions applies to exclude insurance coverage for the damage complained of by the plaintiffs.


CONCLUSION


For the reasons stated above, we find that the applicants, Maryland Casualty Company and Ohio Casualty Insurance Company, have demonstrated that coverage for the damage claimed by the plaintiffs, Jim Henry Oxner and Deborah Cole Oxner, is excluded under the clear and unambiguous provisions of the insurance policies. We reverse the trial court judgment to the contrary and enter summary judgment in favor of Maryland and Ohio, dismissing the claims of the plaintiffs against the insurance companies. Costs are assessed to the plaintiffs.


REVERSED AND RENDERED.






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