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New Pennsylvania Super Occurrence CaseBelow is a link to QBE Insurance Corp. v. M&S Landis Corporation from yesterday when the Superior Court reverses the trial court order, which found in favor of the insurance company where there was an allegation that a person was killed while being forcible thrown out of a night club. The trial court found that there was no “occurrence” under the policy and also that the “assault and battery exclusion” applied so the insurance company was not required to defend and provide coverage to the club.
The Superior Court reverses and follows its en banc decision
in Baumhammers to find that the fact that negligence lead to intentional
conduct that ultimately lead to the death means that there is an occurrence
under the policy. The court writes “we conclude that, despite intentional
conduct that was allegedly the most immediate cause of Potter’s death,
Appellants’ alleged negligence, no less negligent because it is alleged to have
led to...intentional attacks, can be considered an ‘accident’ triggering
occurrence under QBE’s policy.” Also, the court finds that the exclusion for
assault and battery is not applicable because the actual assault and battery
were not the direct alleged cause of death and it also cites a third circuit
unpublished decision in Essex v. Starlight from September 2006 as additional
support. [View the Article - PDF]
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