MAGUIRE v. OHIO CAS. INS. CO.


412 Pa.Super. 59 (1992)

602 A.2d 893

Thomas W. MAGUIRE and Mark J. Maguire, Appellants, v. The OHIO CASUALTY INSURANCE COMPANY, Dessa M. Milkovich, Administratrix of the Estate of June Zart, Luigi's Pizza Pub, Inc., Wayne Smeal, t/d/b/a Sunburst Motel and Pennsylvania Restaurants, Inc., Appellees.

Superior Court of Pennsylvania.

Filed February 12, 1992.


Attorney(s) appearing for the Case

Jefferson J. Shipman, Harrisburg, for appellants.

Timothy I. Mark, Harrisburg, for appellee Ohio Cas.

Before WIEAND, MONTEMURO and KELLY, JJ.


WIEAND, Judge:

Where a policy of liability insurance clearly provides otherwise, does the carrier's duty to defend its insured nevertheless continue after the carrier, in good faith, has exhausted its coverage by settling a third party death claim against its insured for policy limits. The trial court held that the duty to provide a defense did not survive a good faith exhaustion of coverage and entered judgment for the carrier. After careful review, we affirm.

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