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06-2960 - STATE FARM&CASUALTY CO. v. THE ESTATE OF THOMAS W. MEHLMAN et al


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06-2960 - STATE FARM&CASUALTY CO. v. THE ESTATE OF THOMAS W. MEHLMAN et al
March 28, 2008
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MEMORANDUM OPINION AND ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS ESTATE OF THOMAS W. MEHLMAN AND WILLIAM MEHLMAN, EXECUTOR IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT THE COURT DECLARES THAT WITH RESPECT TO THE ACTION PENDING IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, MARIE IACONO V. ESTATE OF THOMAS W. MELMAN, ET AL. NO. 05-12989: a) THE IACONO COMPLAINT DOES NOT ALLEGE BODILY INJURY AS DEFINED BY THE HOMEOWNER'S POLICY AND THUS PLAINTIFF DOES NOT HAVE A DUTY TO DEFEND OR INDEMNIFY UNDER THE HOMEOWNER'S POLICY; b) THE ALLEGATIONS OF NEGLIGENCE IN THE IACONO COMPLAINT TRIGGER A DUTY TO DEFEND UNDER THE UMBRELLA POLICY, AT LEAST UNTIL SUCH TIME AS THE FACTUAL RECORD CAN SHOW THAT DR. MEHLMAN'S PURPORTED STATE OF INTOXICATION DID NOT NEGATE ANY INTENT ON HIS PART. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 3/27/08. 3/28/08 ENTERED AND COPIES E-MAILED.(ky, )