Parma Seed, Inc. v. General Insurance Co. of America

(dissenting) :

The majority opinion deals primarily with the “products” portion of the “Products and Completed Operations Exclusion.” I agree with the majority that the question for determination under this provision is whether Parma Seed’s liability arose out of products sold. But I reach a different result: I believe that the damages for which recovery is sought arose out of Parma Seed’s negligence in delivering the wrong product and not out of the product delivered.

The exclusion in question states that “this policy does not apply to liability, claims or expense arising out of products or…