Woman Who Killed Mate To Get Insurance Money

Oct. 6--A Meshoppen woman who shot and killed her husband while on a hunting trip in Canada in 2006 will receive life insurance proceeds with the resolution of two civil lawsuits.

U.S. Middle District Court Judge Thomas Vanaskie recently ordered State Farm to provide insurance proceeds to Mary Beth Harshbarger.

A March 27 stipulation states Aetna Life Insurance Co. must also pay insurance proceeds to Mrs. Harshbarger.

However, the stipulation requires Mrs. Harshbarger to return the insurance money to Aetna if she is convicted of the "decedent's homicide," according to court documents.

Mark Harshbarger, 42, was covered by $550,000 in life insurance.

On Sept. 14, 2006, Mrs. Harshbarger shot Mr. Harshbarger at Buchans Junction, Newfoundland. She has maintained she mistook her husband for a bear.

In April, the Royal Canadian Mounted Police charged Mrs. Harshbarger with criminal negligence causing death and careless use of a firearm.

"They've filed extradition papers in Newfoundland," Mr. Harshbarger's 75-year-old father, Lee, said, adding he has spoken with the RCMP. "She shouldn't get anything, especially if she is convicted."

On Feb. 13, Mrs. Harshbarger filed a lawsuit against State Farm, alleging a breach of contract and bad faith insurance practices. She also sued Aetna.

Attorney Robert Murphy, who represented Mrs. Harshbarger in the lawsuits against State Farm and Aetna, did not return calls.

"The plaintiff believes, and therefore avers, that the sole basis of the criminal charges filed in Canada was the discharge of her firearm in poor lighting conditions," court documents state.

The insurance companies argued the Pennsylvania Slayers Act applied, according to court documents. The act defines a "slayer" as any person who participates in the willful and unlawful killing of another person. Under the act, a "slayer's" right to a decedent's estate, real and personal property is restricted.

Mrs. Harshbarger's criminal attorney Paul Ackourey said the RCMP determined through two re-enactments Mr. Harshbarger could have been mistaken for a bear.

He said it is possible extradition would not be successful because the shooting was accidental.

The RCMP did not return messages.

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