Wednesday, May 11, 2011

Judge Robert Mazzoni of Lackawanna County Issues Coverage Decision in Favor of Carrier

On March 15, 2011, Judge Robert A. Mazzoni of the Lackawanna County Court of Common Pleas issued a coverage decision in favor of the carrier in the case of Donegal Mut. Ins. Co. v. Lochner, No. 2008-CV-6110 (Lacka. Co. 2011 Mazzoni, J.).

In this matter Donegal Mutual Insurance Company filed a declaratory judgment action, and this motion for summary judgment, seeking a judicial declaration that it did not have a duty to defend or indemnify in a case where its insured fatally injured another person in a physical altercation.

Judge Mazzoni  found that the homeowner's insurance policy at issue clearly and unambiguously precluded coverage pursuant to a Criminal Acts Exclusion.  In this case, the insured had pled guilty to involuntary manslaughter in a companion criminal matter.

Anyone desiring a copy of this Opinion by Judge Mazzoni may contact me at dancummins@comcast.net.

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