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ERIE INSURANCE EXCHANGE, Petitioner 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

Supreme Court of Pennsylvania2018-07-10No. No. 87 WAL 2018
189 A.3d 382

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Opinion

majority opinion

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 Courts 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 Courts 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 Courts 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?