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MUTUAL BEN. INS. CO. v. HAVER

555 Pa. 534 (1999)

725 A.2d 743

MUTUAL BENEFIT INSURANCE COMPANY, Appellant, v. Joseph B. HAVER t/a Haver Pharmacy, John Macko and Candace M. Macko, his Wife, Appellees.

Supreme Court of Pennsylvania.

Decided March 5, 1999.

Attorney(s) appearing for the Case

Carol A. Carolla, Pittsburgh, for Mutual Benefit Ins. Co., appellant.

John E. Nickoloff, Library, for Joseph Haver t/a Haver Pharmacy.

Matthew Taladay, DuBois, for John and Candace Macko.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

ZAPPALA, Justice.

We granted allocatur to address the issue of whether an insurance carrier has a duty to defend and possibly indemnify an insured pharmacist against a claim that is based upon his distribution of controlled substances, when the insurance policy explicitly excludes coverage for bodily injuries which are a consequence of "knowing endangerment" by the pharmacist. We hold that the carrier...

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