Supreme Court of Pennsylvania

Kramer, S. v. Nationwide Insurance, Aplt.

April 25, 2024

Summary

The Supreme Court of Pennsylvania reversed the Superior Court’s affirmation of summary judgment for the Kramers, holding that Nationwide’s controlled‑substance exclusion bars coverage because emotional‑distress damages are not “bodily injury” under the policy and therefore the insurer has no duty to defend. The Court also resolved the procedural issue, permitting the Kramers to seek a nunc pro tunc cross‑petition for allowance of appeal.