Erie v. Moore, McCutcheon
Year 2018
Court Superior Court of Pennsylvania
Case Number No. WAP 2018
  • Duty to Defend
  • Pennsylvania

Insurance companies may not preemptively discern an intent to cause injury when a complaint alleges accidental injury to nullify the insurer’s duty to defend. The point of the duty to defend is ensure that the policyholder has a defense to potentially covered allegations pending a determination of the actual facts. UPdate: UP was able to secure a favorable decision in this case. Find the opinion and dissent below.