Stidham v. Millvale Sportsmen's Club

KELLY, Judge:

In this appeal we must again consider the comprehensive homeowner’s insurance policy provision excluding coverage for bodily injury or property damage which is expected or intended by the insured. Specifically, we must decide the extent to which a guilty plea by an insured to third degree murder in a prior criminal proceeding forecloses the victim of the harmful conduct from litigating, in an underlying civil action, the issue of the insured’s intent. We find that the trial court erred in summarily applying the doctrine of collateral estoppel, thereby dispatching the victim’s…