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In April 2000, Bruce Talbert was severely burned when someone began to operate a molding machine while Talbert was inside the machine, repairing it. Talbert filed a claim against his employer, Amcast, alleging that Amcast had required him to work on the machine without lockout/tagout protection, despite the danger involved. Amcast was insured by Continental Casualty Company for bodily injury claims that were not otherwise covered by workers compensation. Continental denied coverage for the Talbert claim, arguing that workplace intentional tort claims were not covered under the policy.

Talbert and Amcast eventually reached a settlement through mediation, and the court entered a $1,295,000 judgment in Talbert's favor. Amcast and an excess insurer paid $295,000 of this judgment.

As part of the settlement, Amcast assigned any of its claims against Continental to Talbert. In order to collect the remaining balance of the judgment, Talbert, as assignee, sued Continental. The trial court held that Continental's policy covered only "accidents," which could never result from an intentional tort. Talbert appealed.

The Ohio Court of Appeals disagreed with the lower court. It held that a "substantially certain" intentional tort as opposed to a "direct intent" intentional tort could constitute an "occurrence" under the Continental policy, even though "occurrence" was defined as an "accident," and an "accident" cannot result from intentional torts. The court noted that the policy purchased by Amcast was for the sole purpose of covering injuries to Amcast's employees arising out of their employment with Amcast that are not covered by workers compensation. In Ohio, the only injuries to workers in the course of employment that would not be covered by workers compensation are intentional torts. Therefore, to find that substantially certain intentional torts were not covered by the Continental policy would be to find that coverage under the policy was illusory.

The decision of the lower court was reversed and the case was remanded.

Talbert vs. Continental Casualty Company-No. 20187-Court of Appeals of Ohio, Second District, Montgomery County-May 21, 2004-811 North Eastern Reporter 2d 1169.