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MARK A. KNAUBER v. CONTINENTAL INSURANCE COMPANIES AND FIREMAN'S INSURANCE COMPANY (09/25/81)

filed: September 25, 1981.

MARK A. KNAUBER, APPELLANT,
v.
CONTINENTAL INSURANCE COMPANIES AND FIREMAN'S INSURANCE COMPANY



No. 425 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Erie County, Civil Division, at No. 5406-A-1979

COUNSEL

M. Richard Mellon, Erie, for appellant.

Donald E. Wright, Jr., Erie, for appellees.

Hester, Brosky and Van der Voort, JJ.

Author: Brosky

[ 291 Pa. Super. Page 58]

Appellant, Mark A. Knauber, commenced this action to recover from appellee insurance company funds which appellant claims appellee is bound to pay by reason of an insurance contract entered into by the parties. Preliminary objections made by appellee were sustained by the lower court. On appeal, the issue for our determination is whether a clause in the contract which excludes from coverage those losses caused by the intentional acts of insured persons relieves appellee of its obligation to compensate appellant for his loss. We agree with the lower court's conclusion that it does and therefore affirm.

The facts are as follows. In May, 1977, appellant and his wife purchased a homeowner's insurance policy issued by

[ 291 Pa. Super. Page 59]

    appellees. In July, 1979, husband and wife were separated and the husband was living in the marital residence. At that time, his wife entered the insured premises and caused destruction of property contained therein. Appellant and his wife were subsequently divorced. Appellant filed a claim with appellees to recover $2,000 for damage caused by his wife. The claim was denied on November 29, 1979, at which time the parties were divorced. This suit followed.

By way of preliminary objections, appellees asserted below that they were not liable to compensate appellant for his loss because his wife, whom all parties agree intentionally caused the damage to the property, was an insured party to the policy. The policy was issued to Mark A. and Patty A. Knauber. It provides in pertinent part:

Section 11 -- Additional coverages

3. Damage to Property of Others. We will pay up to $250 per occurrence for property damage to property of others caused by any insured. ...


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