On February 1, 2000, Mark S. Chavis (Chavis) was injured and later died while working at Decorative Services International, Inc. (DSI). DSI was insured under a $25 million commercial umbrella liability policy from National Union. AIG Technical Services, Inc. (AIG) was claims administrator for the policy. On March 28, 2000, Chavis’ estate filed an action against DSI, claiming the employer knowingly exposed Chavis to dangerous procedures and conditions that led to his injury and death. The estate also stipulated that DSI had no specific intent to harm Chavis. A court entered a judgment for $5 million against DSI as a result of their intentional tort.

On April 16, 2004, the estate filed a supplemental complaint to enforce the judgment against National Union and AIG. Later, National Union filed a motion for summary judgment, claiming that Chavis’ injury and death was excluded since it involved an intentional tort and a court granted the insurer’s motion. Chavis’ estate appealed the judgment.

The appellate court, as did the trial court, reviewed the commercial umbrella policy language. The higher court agreed with the trial court determination. Both courts concluded that, when a substantial certainty employer intentional tort is involved, state law infers an intent to cause harm. Therefore, the policy’s intentional act exclusion would apply. The higher court cited an Ohio Supreme Court decision that found where substantial certainty existed, intent to harm would be inferred as a matter of law. The appellate court found the summary judgment rendered by the trial court in favor of National Union was proper.

Kevin S. Chavis, Administrator of the Estate of Mark S. Chavis, Deceased, Plaintiff-Appellant, v. AIG Technical Services, Inc., et al., Defendants-Appellees. Ohio Court of Appeals. No. 04AP-1019. Filed May 19, 2005. Appeal from the Franklin County Court of Common Pleas. Affirmed. 2005 CCH Personal and Commercial Liability Cases. Paragraph 8105.