Hoyle v. DTJ Enterprises
Claimant fell 14 feet from a ladder-jack. The ladder jack had bolts and pins to secure the ladder jacks to the ladders, but they were kept in the job superintendent’s office because they were too time consuming. (removal of safety device R.C. 2745.01(C))
Did Cincinnati Insurance Company have a duty to indemnify the employer in an intentional tort?
Intentional tort involves an act committed with the specific intent to injure or with the belief that injury is substantially certain to occur.
Court found that question of coverage here relied solely on a policy endorsement entitled “Employers liability coverage Form – Ohio.”
The policy excluded “liability for acts committed by or at the direction of an insured with the deliberate intent to injure.”
Court ruled that because liability for an employer intentional tort under R.C 2745.01 requires a finding that the employer acted with intention to injure an employee, we conclude that an insurance provision that excludes from coverage liability for insured’s act committed with deliberate intent precludes coverage for employer intentional torts.