Homeowner’s Insurance Coverage Victory for Pittsburgh Partner

Miles A. Kirshner, Esq., a partner in our Pittsburgh office, prevailed in his Motion for Judgment on the Pleadings on behalf of our homeowner’s insurance carrier client in a recent Armstrong County matter.  The underlying action involved the wrongful death of Barbara Ann Van Horn who had consumed controlled substances allegedly supplied by homeowner, Dentici while a guest at Dentici’s residence. 
Miles contended in the Motion four alternative theories: (1) that there was no occurrence; (2) that the controlled substances exclusion applied; (3) that the “expected or intended” exclusion applies; and/or (4) that Pennsylvania’s public policy precludes insuring against acts of the type allegedly perpetrated by Dentici. 
Armstrong County Judge Panchick opined that all of these grounds may well be meritorious, however, he decided this case based on the clear and unambiguous application of the Controlled Substances exclusion agreeing with two fundamental points set-forth in Miles’ Motion and Brief: (1) that the Court’s analysis was limited to the allegations of fact set forth in the Complaint; and (2) that those facts led to the inescapable conclusion that the decedent’s death allegedly arose out of the delivery of controlled substances.