Erie Ins. v. Moore, T. , 189 A.3d 382 ( 2018 )

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. 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, 725 A.2d 743,
747 (Pa. 1999), that liability insurance does not cover damages
caused as a result of evil or illegal conduct?