Another case on the topic of whether negligent supervision and the “occurrence” requirement.

Insurance Law Lesson 100 discussed competing views on whether an employer should be covered for injuries caused by the intentional acts of an employee. Following on this topic, I note the case of Safeco Ins. Co. of Am. v. White, 122 Ohio St.3d 562, 2009-Ohio-3718, in which parents were sued after their minor son brutally assaulted a young teenage girl. The Ohio Supreme Court held that there was coverage for the parents because

“Insurance-policy exclusions that preclude coverage for injuries expected or intended by an insured, or injuries arising out of or caused by an insured’s intentional or illegal acts, do not preclude coverage for the negligent actions of other insureds under the same policy that are predicated on the commission of those intentional or illegal acts, e.g., negligent hiring or negligent supervision.” (At ¶ 42).

I also note that Ohio appellate courts number their paragraphs. This makes it far easier to cite and find cited passages. A paragraph citation is more accurate than a page number. Even more helpful is that the paragraph number stays the same no matter what reporter you are using. I hope this becomes standard in all jurisdictions.