When Is Insurer Obligated to Cover Employer in Employee Claim of Injury from Removal of Safety Guard, and What Is Employee's Burden of Proof?
The Cincinnati Insurance Companies v. DTJ Enterprises, Inc., and Duane A. Hoyle, Case no. 2013-1405
Ninth District Court of Appeals (Summit County)
ISSUES:
When an employee makes a claim under R.C. 2745.01(C) that an equipment safety guard was deliberately removed, does the employee have the burden to prove that the employer acted with "deliberate intent" to establish the employer's liability?
Does public policy in Ohio prohibit an insurer from compensating its insured employer for employer intentional torts?
Given the language in a specific policy endorsement, does the insurer have a duty to compensate its insured employer for an intentional tort alleged under R.C. 2745.01(C)?
