DONEGAL MUTUAL INSURANCE COMPANY, Appellant v. RICHARD BAUMHAMMERS, ANDREJS BAUMHAMMERS, INESE BAUMHAMMERS, MAY-LING KUNG, ADMINISTRATRIX OF THE ESTATE OF JI-YE SUN, AND MAY-LING KUNG, IN HER OWN RIGHT, SANFORD GORDON, ADMINISTRATOR OF THE ESTATE OF ANITA GORDON, AND SANFORD GORDON IN HIS OWN RIGHT, ZETTA RENEE LEE, ADMINISTRATRIX OF THE ESTATE OF GARRY LEE, JANE/JOHN DOE, ADMINISTRATOR OF THE ESTATE OF ANIL THAKUR, BANG NGOC NGO, ADMINISTRATOR OF THE ESTATE OF THAO Q. PHAM, SANDIP PATEL, AND UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellees, 595 Pa. 147

Summary

Within a two-hour period, the son shot and killed a neighbor and then drove to three townships where he shot and killed four people and seriously wounded the assault victim. The son lived with his parents, who were insured under a homeowners policy issued by the insurer. The limit of liability for personal injury under the policy was $ 300,000 per "occurrence." In the underlying suit against the parents and the son, the assault victim and the estate representatives alleged that the parents acted negligently in failing to procure adequate mental health treatment for the son, take his handgun away, and notify the appropriate authorities of the fact that he possessed a handgun. The supreme court determined that the insurer was required to defend the parents because, from the perspective of the parents as the insureds, the alleged negligence of the parents and the resulting injuries qualified as an "accident" since the injuries were cause by an unexpected and fortuitous event. Regarding ...