Erie v. Moore, McCutcheon
Year: 2018
Court: Superior Court of Pennsylvania
Case Number: No. WAP 2018
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.
John N. Ellison, Esq. and Timothy P. Law, Esq.