Opinion · Supreme Court of Pennsylvania
Erie Ins. Exch. v. Moore
Erie Ins. Exch. v. Moore, 189 A.3d 382 (Pa. 2018)
- Type
- Opinion
- Court
- Supreme Court of Pennsylvania
- Jurisdiction
- Pennsylvania
- Date
- 2018-07-10
- Topic
- general
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT ERIE INSURANCE EXCHANGE, : No. 87 WAL 2018 : Petitioner : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : TRACY L. MOORE AND HAROLD E. : MCCUTCHEON, III, INDIVIDUALLY AND : AS ADMINISTRATORS OF THE ESTATE : OF HAROLD EUGENE MCCUTCHEON, : JR., AND RICHARD A. CARLY, : : Respondents : ORDER PER CURIAM AND NOW, this 10th day of July, 2018, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are: 1. Does the Superior Court’s ruling that shooting a person during a fight, in turn, during a planned murder-suicide, constituted an “occurrence” under a liability insurance policy conflict with Pennsylvania law as established by this Court? 2.
Citator
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AND NOW, this 10th day of July, 2018, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:
1. Does the Superior Court's ruling that shooting a person during a fight, in turn, during a planned murder-suicide, constituted an "occurrence" under a liability insurance policy conflict with Pennsylvania law as established by this Court?
2. Does the Superior Court's ruling conflict with its own decision in American National Property and Casualty Co. v. Hearn, 93 A.3d 880 (Pa.Super. 2014), and misconstrue the intentional acts exclusion of a liability insurance policy?
3. Does the Superior Court's ruling conflict with Pennsylvania public policy, as stated in Mutual Benefit Ins. Co. v. Haver, 555 Pa. 534 , 725 A.2d 743 , 747 (1999), that liability insurance does not cover damages caused as a result of evil or illegal conduct?