Rourke v. Penn National
Apr 28, 2015OUTCOME: Trial Court Reversed and Remanded
Trial court held coverage was not available to a "foster child" or "ward" of the insureds, as that individual was no longer a minor despite the lack of a definition of "foster child" or "ward" in the s ... ubject insurance policy. On appeal, PA Superior Court reversed on the basis that the individual was an insured because he was a "ward" as that term is commonly known. Also, because in Pennsylvania, an ambiguity in an insurance contract gets resolved in favor of the insured and against the insurer.