We interpret "'bodily injury'
from the standpoint of the insured" to unambiguously cover instances where "the employer
know[s] that his actions are substantially certain to result in injury or death to the employee." It is beyond any insured employer's reasonable understanding that he or she could know that his or her actions were substantially certain to cause injury or death, yet not expect injury or death to occur.
For more information, please contact Kenneth Portner at email@example.com or 215.972.7921.
Sara L. De Long