Kramer v. Nationwide Property and Casualty Ins.
Co.
No. 103 MAP 2022, --- A.3d ---, 2024 WL 1776575 (Penn. April 25,
2024)
The Pennsylvania Supreme Court reversed the lower courts'
rulings that Nationwide Property & Casualty Insurance Company
(Nationwide) had a duty to defend its insureds, Stewart Kramer
(Kramer) and Valeria Conicello (Conicello), in an underlying action
for wrongful death after their son's houseguest, Michael T.
Murray Jr. (Murray), died from a drug overdose caused by a
combination of a fentanyl, heroin and benzodiazepines.
The underlying action was brought by Murray's mother,
Laurie Cruz (Cruz) against Kramer, Conicello, and their son, Adam
Kramer (Adam). Cruz asserted two counts, wrongful death and
survival. Both claims sounded in negligence and were premised on
Kramer's and Conicello's breach of a duty of care owed
to Murray, occasioned by the negligent entrustment of their home to
Adam on the evening of Murray's overdose death when
