Legal Question in Insurance Law in Pennsylvania

Insurance company refuses liability claim

My sister was murdered in Airville Pa January 24,2001.

She had filed for seperation from her husband and was legally living in Maryland.

She went to her former residence on the date of her death to retrieve painting supplies(she owned her own business) and used her former home as her office.

On this date her estranged husband saw her at the house-after an argument he shot her in the back with a shotgun---she died instantly...

The insurance company paid an accidental death benefit of $2000.00 but would not accept the liability claim because they said her death was not an accident---this to me is contradictory--

Her death WAS AN ACCIDENT through the victims eyes.

I believe they should pay.

Her and her husband were on the policy and it was a current policy--

She also had contractors insurance---wouldn't that pay if she were killed on the job--or does that require an ''umbrella'' of some sort??

There was NO LIFE INSURANCE thus her 2 children have nothing but debt----

Do we as the family have a legal leg to stand on???


Asked on 1/06/02, 12:04 pm

2 Answers from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Insurance company refuses liability claim

The only way to properly answer your questions would be to review the actual insurance policies. Your welcome to call. 1-843-828-1137. Attorney Robert J. Johnston

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Answered on 1/06/02, 1:05 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Insurance company refuses liability claim

I am very sorry about the tragic loss of your sister. Unfortunately I do not have good news for you. I am sure the liability portion of the insurance policy contains an exclusion for intentional acts- most residential policies do. The policy will only provide coverage for negligent acts- that is the negligence of the person who hurt her. Clearly this appears to be an intentional act, and therefore there will be no coverage. I am not sure what you mean by contractor's insurance. If you care to explain I will be glad to respond. Also, you should contact the Pa. Crime Victims Board to try to get some monetary assistance for the children. Finally, consideratrion should be given to suing the husband, if he owns anything, like the house, in an attempt to gather additional assets.

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Answered on 1/07/02, 9:39 pm


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