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Travelers Indemnity Co. v. PCR Incorporated12/9/2004
t we use both subjective and objective standards upon which the conduct of an employer is to be judged but both standards are judging whether there was an intent to injure.
I conclude that the Turner intent being an intent to injure distinguishes this situation from the Swindal decision and from Gulf Life Insurance Co. v. Nash, 97 So. 2d 4 (Fla. 1957), and Cloud v. Shelby Mutual Insurance Co., 248 So. 2d 217 (Fla. 3d DCA 1971). In Swindal, Nash, and Cloud, there was determined not to be an intent to injure. Rather, there was intent in Swindal and Nash to create fear and the injury was the result but not the intended result. In Cloud, the intent was to push the car, and the injury was the result of the intent to push the car.
The present case is much closer and is analogous to Landis v. Allstate Insurance co., 546 So.2d 1051 (Fla. 1989). In Landis, we recognized that the intent to molest a child was an intent to injure the child. As the majority opinion notes, the reason we so held was because "harm inheres in and inevitably flows from the proscribed behavior." Majority op. at 25. I believe this is what we found to be the standard for intent in our Turner decision. If this is not a correct reading of Turner, then Turner erringly changed what is necessary to be proven to avoid workers' compensation immunity. In Turner, we were applying an exception to the immunity based upon an intent to cause injury .
In sum, I believe the analyses of our Turner case have to control this case. Under those principles, the employer's liability insurance of Part Two of the Travelers' policy does not apply. Even if the insurance did apply to theses claims, the claims would be excluded by the "intentionally caused" exclusion.
QUINCE and CANTERO, JJ., concur.
QUINCE, J., dissenting.
I dissent from the majority's determination that PCR's liability insurance policy provided coverage for this incident. It is clear that the explosion at the PCR's chemical plant was not an "accident."
The policy in the instant case, titled "Workers Compensation and Employers Liability Policy," contains two parts. Part Two of this policy details the Employers Liability Insurance. It provides in relevant part:
PART TWO-EMPLOYERS LIABILITY INSURANCE
A. How This Insurance Applies
This employer's liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. . . .
B. We Will Pay
We will pay all sums you legally must pay as damages because of bodily injury to your employees, provided the bodily injury is covered by this Employers Liability Insurance.
The damages we will pay, where recovery is permitted by law, include damages:
1. for which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your employee;
2. for care and loss of services; and
3. for consequential bodily injury to a spouse, child, parent, brother or sister of the injured employee;
provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and
4. because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity other than as employer.
C. Exclusions
This insurance does not cover: . . .
5. bodily injury intentionally caused or aggravated by you.
Part Two of thi
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