Mutual Benefit Insurance v. Haver

OPINION

ZAPPALA, Justice.

We granted allocatur to address the issue of whether an insurance carrier has a duty to defend and possibly indemnify an insured pharmacist against a claim that is based upon his distribution of controlled substances, when the insurance poli*537cy explicitly excludes coverage for bodily injuries which are a consequence of “knowing endangerment” by the pharmacist. We hold that the carrier has neither a duty to defend nor a duty to indemnify.

On December 2, 1993, John and Candace Macko, Appellees, filed a complaint against Joseph B. Haver, who is also an Appellee, seeking…