Germantown Insurance v. Martin

*328TAMILIA, Judge:

This is an appeal from a declaratory judgment Order entered June 11, 1990 against appellant, Germantown Insurance Company, and in favor of appellee, Edward Van Kirk, resulting in an award of $100,000. The tragic circumstances of the underlying case have been exacerbated by the trial court’s misapplication of the relevant legal standards as a means of providing relief to an innocent and injured victim of senseless violence. We reverse.

Our review of the record discloses the unfolding of the following scenario. . On May 26, 1986, Robert Martin, age 25, entered the Trynoski home in…