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.

 

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Source: https://uphelp.org/amicus-briefs/erie-v-moore-mccutcheon/
Date: April 20, 2024