Aetna Casualty and Surety Company v. Jane
PA.24025 , 650 A.2d 94, Super. 414 (1994)(437 Pa)
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Publisher Description
OPINION BY KELLY, J.: In this appeal we must determine whether the trial court properly granted summary judgment in favor of appellee insurance
company, Aetna [Casualty and Surety Company], pursuant to its declaratory judgment action against appellant-insureds, identified
as "Jane Roe and John Roe". 1 Specifically, we must decide whether Aetna had a duty to defend the appellants in civil actions
brought by third parties asserting claims of sexual, physical, and mental abuse, plus requests for compensatory and punitive
damages under appellants' comprehensive homeowner's insurance policy, in view of that policy's provision excluding coverage
for bodily injury or property damage which is expected or intended by the insured. For the following reasons, we hold that
the trial court properly granted summary judgment in favor of Aetna. Accordingly, we affirm.