Legal Opinion

Gene's Restaurant, Inc. v. Nationwide Insurance

Supreme Court of Pennsylvania

Decided September 27, 1988No. 95 E.D. Appeal Dkt. 1987PublishedCited by 95 opinions

1Opinion of the Court

*308OPINION OF THE COURT

STOUT, Justice.

In this case we consider an insurer’s duty to defend under a comprehensive general liability policy.

The question arises out of the refusal of Nationwide Insurance Company to defend its insured, Gene’s Restaurant, Inc., against a complaint in trespass alleging the willful and malicious assault and beating of one of its patrons, Patricia A. Aschenback. Nationwide refused to defend on the ground of noncoverage. Gene’s Restaurant then filed an action in assumpsit against Nationwide seeking to recover the amount it had expended for costs and fees incurred in…

2Cases cited7 opinions

  1. Cadwallader v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1959
  2. United Services Automobile Ass'n v. ElitzkySupreme Court of Pennsylvania · 1986
  3. Wilson v. Maryland Casualty Co.Supreme Court of Pennsylvania · 1954
  4. Aetna Casualty & Surety Co. v. FreyerAppellate Court of Illinois · 1980
  5. Hartford Fire Ins. Co. v. SpreenDistrict Court of Appeal of Florida · 1977

2 more not listed; retrieve them via the Exa API.

3Cited by95 opinions

  1. American & Foreign Insurance v. Jerry's Sport Center, Inc.Supreme Court of Pennsylvania · 2010
  2. Donegal Mutual Insurance v. BaumhammersSupreme Court of Pennsylvania · 2007
  3. State Farm Fire & Casualty Co. v. Estate of MehlmanCourt of Appeals for the Third Circuit · 2009
  4. Northern Insurance Company of New York v. Aardvark Associates, Inc. And Insurance Company of North America, Aardvark Associates, Inc.Court of Appeals for the Third Circuit · 1991
  5. Minnesota Fire & Casualty Co. v. GreenfieldSupreme Court of Pennsylvania · 2004

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