DONEGAL MUT. INS. CO. v. BAUMHAMMERS


893 A.2d 797 (2006)

DONEGAL MUTUAL INSURANCE COMPANY, 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 Appeal of: Sanford Gordon, Administrator of the Estate of Anita Gordon, and Sanford Gordon in his own right, Appellant. Appeal of: Andrejs Baumhammers and Inese Baumhammers, Appellants. Appeal of: Sandip Patel, Appellant. Appeal of United Services Automobile Association, Appellant. Appeal of: Zetta Renee Lee, Administratrix of the Estate of Garry Lee, Appellant. Appeal of: May-Ling Kung, Administratrix of the Estate of Ji-Ye Sun, and May-Ling Kung in her own right, Appellant. Appeal of Bang Ngoc Ngo, Administratrix of the Estate of Thao Q. Pham, Deceased: Bang Ngoc Ngo, Guardian of Chris Pham; and Bang Ngoc Ngo; and Cathleen Cawood Bubash, Administratrix of the Estate of Anil Kumar Thakur, Deceased; Shabha Thakur, Guardian of Noopar Kumar and Vikas Kumar Thakur, Appellants. 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 Sandford 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. United Services Automobile Association v. Richard 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 Sandford Gordon in his own right; Zetta Renee Lee, Administratrix of the Estate of Garry Lee, Sandip Patel; Andrejs Baumhammers; Inese Baumhammers; and Donegal Mutual Insurance Company. Appeal of: Donegal Mutual Insurance Company, Appellant. United Services Automobile Association, Appellant, v. Richard 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 Sandford Gordon in his own right; Zetta Renee Lee, Administratrix of the Estate of Garry Lee, Sandip Patel; Andrejs Baumhammers; Inese Baumhammers; and Donegal Mutual Insurance Company, Appellees.

Superior Court of Pennsylvania.

Filed February 17, 2006.


Attorney(s) appearing for the Case

William Caroselli, Pittsburgh, for Gordon, Anita and Sanford.

James J. Ross, Ampridge, for Lee, Garry.

Charles Knoll, Pittsburgh, for Pham, Chris.

Louis M. Tarasi and Christine K. Hurnyak, Pittsburgh, for Patel.

William P. Chapas, Pittsburgh, for Sun.

Richard B. Tucker, Pittsburgh, for Baumhammers, Inese and Andrejs.

Louis C. Long, Pittsburgh, for Donegal Mutual.

Richard B. Morrison, Philadelphia, for United Services.

BEFORE: DEL SOLE, P.J., FORD ELLIOTT, STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, McCAFFERY and PANELLA, JJ.


OPINION BY TODD, J.:

¶ 1 In these consolidated declaratory judgment actions, we decide whether two insurers, Donegal Mutual Insurance Company ("Donegal") and United Services Automobile Association ("USAA"), have a duty to defend or indemnify their insureds for events that occurred on April 28, 2000. On that date, Richard Baumhammers ("Baumhammers"), the son of Andrejs and Inese Baumhammers ("Parents"), went on a shooting spree, killing five people and

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