Ohio Supreme Court to Decide Allocation Theory Applicable to Insurance Policies Containing ‘Those Sums’ Language

The Ohio Supreme Court has agreed to answer the following question involving the allocation theory applicable to insurance policies containing “those sums” language, which question was certified to it by the U.S. District Court for the Northern District of Ohio: “Whether an insured is permitted to seek full and complete indemnity, under a single policy providing coverage for ‘those sums’ the insured becomes legally obligated to pay because of property damage that takes place during the policy period, when the property damage occurred over multiple policy periods.”

The Case