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GENE'S RESTAURANT, INC. v. NATIONWIDE INS. CO.,

519 Pa. 306 (1988)

548 A.2d 246

GENE'S RESTAURANT, INC., Appellant, v. NATIONWIDE INSURANCE CO., Appellee.

Supreme Court of Pennsylvania.

Decided September 27, 1988.

Attorney(s) appearing for the Case

Anthony J. Sciolla, Jr., Huntington Valley, for appellant.

Robert Keller, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION OF THE COURT

STOUT, Justice.

In this case we consider an insurer's duty to defend under a comprehensive general liability policy.

The question arises out of the refusal of Nationwide Insurance Company to defend its insured, Gene's Restaurant, Inc., against a complaint in trespass alleging the willful and malicious assault and beating of one of its patrons, Patricia A. Aschenback. Nationwide refused...

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