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.

 


The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/erie-v-moore-mccutcheon/
Date: November 26, 2024