HOYLE v. DTJ ENTERPRISES, INC.

No. 2013-1405.

143 Ohio St.3d 197

2015-Ohio-843

HOYLE, APPELLEE; THE CINCINNATI INSURANCE COMPANY, APPELLANT, v. DTJ ENTERPRISES, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 12, 2015.


Attorney(s) appearing for the Case

Plevin & Gallucci and David R. Grant ; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers , for appellee Duane Allen Hoyle.

Koehler Neal, L.L.C., and Timothy J. Fitzgerald ; and Michael M. Neltner and Stephen J. Chuparkoff , for appellant, Cincinnati Insurance Company.

Jackson Kelly, P.L.L.C., and Mark W. Bernlohr ; Davis & Young, L.P.A., and David G. Utley ; and Morrow & Meyer, L.L.L., and Todd T. Morrow , for appellees DTJ Enterprises, Inc., and Cavanaugh Building Corporation.

Freund, Freeze & Arnold and T. Andrew Vollman , urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Traska Kimbrell, Ltd., and Peter D. Traska , urging affirmance for amicus curiae Ohio Association for Justice.


{¶ 1} This appeal presents questions regarding the insurability of employer intentional torts under R.C. 2745.01. We hold that an insurance provision that excludes coverage for acts committed with the deliberate intent to injure an employee precludes coverage for employer intentional torts, which require a finding that...

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