Thursday, September 9, 2021

Federal Judge Denies Motion For Summary Judgment Filed by Carrier on Coverage Issues Related to Alleged Fraternity Hazing Death

In the case of Nationwide Gen. Ins. Co. v. Dibileo, No. 3:19-CV-01003 (M.D. Pa. July 20, 2021 Brann, J.), the court denied a carrier’s Motion for Summary Judgment in its Declaratory Judgment Action regarding issues of coverage under a homeowner’s insurance policy arising out of alleged actions by fraternity students in an alleged hazing death.   

The court found that the action filed by the decedent’s parents stated a claim for negligence.  The court found that policy provisions in the homeowner’s policy excluding coverage for criminal and intentional acts did not serve to insulate the carrier from the negligent claims asserted by the plaintiff in the underlying personal injury action. 

Anyone wishing to review a copy of this decision may click this LINK. The companion Order can be viewed HERE.

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (Aug. 17, 2021). 

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