During this "struggle" between the two men, McCutcheon was "knocking things around, and in the process negligently, carelessly, and recklessly caused the weapon to be fired which struck in the face," causing severe injuries. Carly became concerned, placed his hand on the doorknob "in order to enter and the door was suddenly pulled inward by who grabbed by his shirt and pulled him into the home." McCutcheon was "screaming, swearing, incoherent, and acting 'crazy.'" Then, "a fight ensued between the two and at the time, continued to have the gun in his hand" which he apparently had used to kill Terry. Carly, who had been dating Terry, approached the front door of her home, rang the doorbell and received no answer. However, after McCutcheon killed Terry but before he killed himself, Carly arrived on the scene. McCutcheon succeeded in executing this plan, first shooting and killing Terry and, eventually, shooting and killing himself. He communicated these intentions in a note he left for his adult children. On the evening of September 26, 2013, McCutcheon broke into the home of his ex-wife, Terry McCutcheon, in order to shoot and kill her, and then kill himself. The following material facts are alleged in Carly's complaint. We hold Carly's allegations were sufficient to trigger Erie's duty to defend and accordingly affirm the order of the Superior Court. Carly (Carly), obligates McCutcheon's insurer, appellant Erie Insurance Exchange (Erie) to defend the estate against Carly's complaint. (McCutcheon), as described in a personal injury lawsuit filed against his estate by Richard A. We consider whether the alleged conduct of an insured, Harold Eugene McCutcheon, Jr. The matter was reassigned to this author. 8, vacating the Judgment of the Court of Common Pleas of Washington County entered Jat No. Appeal from the Order of the Superior Court entered Novemat No.
SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.
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