Ohio Supreme Court Rejects Defense Coverage for Employer in Intentional Tort Case

COLUMBUS, Ohio - The Ohio Supreme Court has sided with a commercial liability insurer which argued that its policy's stop-gap endorsement did not mandate a defense for an insured in a substantial-certainty, intentional tort lawsuit. Ward v. United Foundries Inc., et al., Slip Opinion No. 2011-Ohio-3176 (Ohio Sup. Ct.).

The high court ruled on July 6 that bodily injury language in the endorsement did not apply to alleged acts that are substantially certain to occur, given the hazard, and that the determination of whether a defense is owed can be made by the court rather than the fact finder.

The …