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.