Hoyle v. DTJ Enters., Inc.Annotate this Case
Appellee was injured when he fell from a ladder-jack scaffold while working as a carpenter on a construction project for his Employers. Appellee sued his Employers, alleging claims of employer intentional tort. The Cincinnati Insurance Company (“CIC”), which insured the Employers under a commercial general liability policy, intervened and filed a complaint seeking a declaration that it had no obligation to indemnify the Employers should Appellee prevail on his employer-intentional-tort claims. The policy contained a provision that excluded coverage for acts committed with the deliberate intent to injure an employee. The trial court granted summary judgment for CIC. The Court of Appeals reversed, concluding that liability may be imposed without a finding of deliberate intent under the policy. The Supreme Court reversed the Court of Appeals, holding that an insurance provision that excludes from coverage liability for an insured’s act committed with the deliberate intent to injure an employee precludes coverage for employer intentional torts.