State: 
Pennsylvania
Year: 
2018
Case Number: 
No. WAP 2018
Court: 
Superior Court of Pennsylvania
Issue: 
Duty to Defend

Insurance companies may not preemptively discern an intent to cause injury when a complaint alleges accidental injury to nullify the insurer's duty to defend. The point of the duty to defend is ensure that the policyholder has a defense to potentially covered allegations pending a determination of the actual facts. 

Author: 
John N. Ellison, Esq. and Timothy P. Law, Esq.