Reversing in part a Superior Court decision, a 4-2 majority of the state Supreme Court ruled that a western Pennsylvania couple’s failure to prevent their son’s fatal shooting spree is the only “occurrence” for which they can seek liability coverage under their homeowners’ insurance policy.
In deciding Donegal Mutual Insurance Co. v. Baumhammers, PICS Case No. 07-2149 (Pa. Dec. 27, 2007) Baldwin, J.; Cappy, C.J., Baer, J., both dissenting and concurring (24 pages), the majority adopted the reasoning of the Nevada Supreme Court for its finding that when multiple injuries can be traced to a single proximate cause, that event or omission should be held as the occurrence for which the insured is liable.
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