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· 9/27/2002

Erie Insurance Exchange v. Fidler

Citations

  • 808 A.2d 587
  • 2002 Pa. Super. 307
  • 2002 Pa. Super. LEXIS 2783

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an insured expected or intended to cause bodily harm when he threw someone against a wall although the underlying complaint did not “expressly state” that he “expected or intended” to cause the resulting injury
  • no coverage where insured threw plaintiff against a wall and into a desk, and the policy specifically excluded coverage for bodily injury “expected or intended” by an insured
  • “Simple negligence or even recklessness would not be excluded under [an intentional-acts exclusion].” (citing Elitzky, 517 A.2d at 991)
  • “As long as a complaint alleges an injury which may be within the scope of the policy, the insurer must defend its insured until the claim is confined to a recovery the policy does not cover.”
  • “As long as a complaint alleges an injury which may be within the scope of the policy, the insurer must defend its insured until the claim is confined to a recovery the policy does not cover.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Elliott, Bowes, Beck

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.