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OHIO CASUALTY GROUP INSURANCE COMPANIES v. NICHOLAS G. BAKARIC (08/01/86)

filed: August 1, 1986.

OHIO CASUALTY GROUP OF INSURANCE COMPANIES
v.
NICHOLAS G. BAKARIC, HELEN BAKARIC AND NATIONWIDE INSURANCE COMPANY. APPEAL OF HELEN L. BAKARIC



Appeal from the Order of the Court of Common Pleas, Civil Division, of Dauphin County at No. 761 S 1984.

COUNSEL

George A. Vaughn, Lemoyne, for appellant.

Craig A. Stone, Harrisburg, for Ohio, appellee.

William A. Addams, Carlisle, for Nationwide, appellee.

Wickersham, Brosky and Watkins, JJ.

Author: Wickersham

[ 355 Pa. Super. Page 346]

This is an appeal from the order of the Court of Common Pleas of Dauphin County, granting the petition of appellee Ohio Casualty Group of Insurance Companies ("Ohio Casualty") for a declaratory judgment.

As noted by the trial judge, the Honorable Herbert A. Schaffner, this case arises out of a "bizarre" factual scenario,*fn1 in which appellant, Helen L. Bakaric, was shot by appellee-husband, Nicholas G. Bakaric, during a quarrel

[ 355 Pa. Super. Page 347]

    between the pair, while they were seated in appellant's parked automobile on June 13, 1981.

In April 1983, appellant filed an action against her husband for the injuries which she had received as a result of the shooting. Appellee-husband in turn responded by requesting insurance coverage and defense of the claim from both appellee Nationwide Insurance Company ("Nationwide"), under an automobile liability policy, and appellee Ohio Casualty, under a homeowners' policy. Appellee Ohio Casualty filed a petition for a declaratory judgment to determine whether it was required to provide coverage under the terms of the policy it issued to the Bakarics.

Following a two-day trial on this issue, the jury was requested to answer sixteen special interrogatories regarding the incident. After considering their answers, the court concluded that Ohio Casualty's homeowners' policy exclusion of injuries which were "intended or expected"*fn2 by the insured, precluded coverage of injuries resulting from the shooting incident since those injuries were intended or expected by appellee-husband. The court also determined that Nationwide's policy covering "damages resulting from the use of" the insured automobile did not extend to appellant's injuries since they did not result from or arise out of the parties' use of the automobile. The court entered a decree nisi to this effect, denying insurance coverage for appellee-husband in any civil action brought by appellant on either policy. Appellant's exceptions were dismissed and judgment was entered in accordance with the decree nisi. Appellant filed the instant appeal in which she presents the following four issues.

A. Did the trial court err in reaching its conclusion, on the basis of the facts as found by the jury, that the injury to Helen Bakaric was "expected ...


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