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12/15/97 CHRISTINE M. KUNDAHL VS ERIE INSURANCE

December 15, 1997

CHRISTINE M. KUNDAHL VS ERIE INSURANCE GROUP AND EDWARD KUNDAHL; APPEAL OF: ERIE INSURANCE GROUP


Appeal from the Judgment entered September 27, 1996 in the Court of Common Pleas Of Lehigh County, Civil No. 92-C-179. Before GARDNER, J.

Before: Cirillo, P.j.e., and Schiller and Hoffman, JJ. Opinion BY Cirillo, P.j.e.

The opinion of the court was delivered by: Cirillo

OPINION BY CIRILLO, P.J.E.:

FILED DECEMBER 15, 1997

Erie Insurance Group (Erie) appeals from the judgment entered in the Court of Common Pleas of Lehigh County awarding appellee Christine Kundahl $31, 047.01. We reverse.

Erie issued two insurance policies to Christine and Edward Kundahl, who at the time of issuance, were husband and wife. Both Mr. and Mrs. Kundahl were signatories to the policies. One policy covered the Kundahls' automobiles (Pioneer Family Auto Insurance Policy) and the other covered their home (Pioneer 21st Century Home Protector - 2005 Ultracover Edition). The Kundahls eventually developed severe marital difficulties. On July 11, 1991 Edward Kundahl, while still married to Christine and while living in the residence, intentionally set fire to the Kundahls' home. *fn1 The fire destroyed a substantial portion of the residence as well as Mrs. Kundahl's automobile, a 1985 Pontiac 6000 STE, located in the garage. Thereafter, Mrs. Kundahl, as co-insured, requested payment of insurance proceeds from Erie. Erie denied coverage based upon exclusionary provisions found within both the homeowners and automobile insurance policies. The relevant exclusionary provisions of the policies are as follows:

Pioneer 21st Century Home Protector - 2005 Ultracover Edition

WHAT WE DO NOT COVER - EXCLUSIONS

We do not cover loss resulting directly or indirectly from any of the following:

(14) Caused by the neglect of anyone we protect to use all reasonable means to protect covered property at and after the time of loss or when property is threatened by a peril covered under Perils we insure against.

(15) Caused by intentional acts, meaning any loss arising from an act committed by or at the direction of anyone we protect with the intent to cause a loss.

Pioneer Family Auto Insurance Policy

LIMITATIONS ON OUR DUTY ...


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