Analysis

Pa. Shooting Case Ruling May Widen Insurers' Defense Duty

Law360 (April 28, 2020, 4:39 PM EDT) -- A split Pennsylvania Supreme Court recently held that Erie Insurance Exchange must defend a personal injury case brought by a man who was shot after walking in on an Erie policyholder's murder-suicide, a ruling that may expand insurers' duty to defend in cases where policyholders' intentional acts cause unintended consequences.

In a 4-3 opinion issued April 22, the Pennsylvania high court affirmed an intermediate appeals court's ruling that Erie must defend the estate of policyholder Harold McCutcheon in a suit brought by Richard Carly, who was shot in the face when McCutcheon's gun went off during a struggle between the two...

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