Simpson v. Intermet Corporation

OPINION

McKEAGUE, Circuit Judge.

This is an appeal from the denial of declaratory relief regarding insurance coverage for an employee’s work-related death allegedly caused by the employer’s intentional tort. Essentially, the question presented is whether, under Ohio law, an umbrella policy of insurance which provides coverage for liability for an occurrence in excess of the limits of the insured’s primary employer’s liability coverage, and which does not exclude coverage for injury arising in the course of employment, but does exclude coverage for injury resulting from an accident expected or…