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A Pennsylvania court ruled earlier this month that State Farm had a duty to defend a 71-year-old homeowner sued for shooting a houseguest he mistook for an intruder.
The Pennsylvania Superior Court concluded that the fact the homeowner, James DeCoster, had a blood alcohol level of .187 when he pulled the trigger may mean that an intentional injury exclusion in State Farm's policy does not bar coverage of the lawsuit.
"Insofar as State Farm does not allege its policy excludes coverage for DeCoster's negligent actions or, as a matter of law, exclude acts the consequence of which he did not intend, we conclude that the policy does not relieve State Farm from its duty to defend," wrote Judge Jacqueline O. Shogan in State Farm v. DeCoster.
The court's May 17 decision addressed the duties that State Farm had under a policy covering DeCoster's home in Carlisle, Pa., particularly with respect to a personal injury action brought by Diane Rydman.
Back in 2008, Rydman lived with DeCoster. The two had hit it off after meeting at a bar known as Fast Eddie's. The bar was located conveniently a few blocks from DeCoster's home.
According to the stipulated facts in...