For Your Data The World Farm Burn Downward & Casualty Companionship V. S.S. & G.W. Illustration Brief

State Farm Fire & Casualty Company v. S.S. & G.W. illustration brief summary
858 S.W.2d 374 (1993)

CASE SYNOPSIS

Petitioner insurer challenged the conclusion of the Court of Appeals for the Third District of Texas, which reversed together with remanded the summary judgment inwards favor of the insurer together with held that the insurer failed to run into its summary judgment burden. The insurer filed a declaratory judgment activity against respondents, an insured together with a claimant, when the claimant sought damages nether the insured's homeowner's policy for the transmission of genital herpes.

CASE FACTS
Respondents engaged inwards consensual sexual intercourse, together with the claimant contracted the herpes virus. She requested that the insured compensate her for her injuries. The insured informed his insurer, which investigated together with rejected the claim. Respondents entered into an understanding providing for the entry of a $ 1 1000000 judgment for the negligent transmission of herpes. The insurer filed an activity seeking a proclamation that it was non obligated to pay the judgment because the claim brutal inside the policy's intentional injury exclusion.

PROCEDURAL HISTORY
The insurer sought review of the appellate court's judgment reversing the summary judgment granted yesteryear the case courtroom inwards favor of the insurer.

DISCUSSION

The courtroom held that an effect of cloth fact existed concerning whether the insured knew amongst substantial certainty that he would transmit herpes to the claimant, together with the courtroom affirmed the appellate court's judgment.
The courtroom held that, although it was undisputed that the insured intentionally engaged inwards sexual intercourse without informing the claimant of his condition, the summary judgment prove did non dot that the insured had acted amongst intent to drive the claimant bodily injury.

CONCLUSION
The courtroom affirmed the appellate court's judgment, which reversed the summary judgment inwards favor of the insurer, asset that an effect of cloth fact existed concerning whether the insured knew at the fourth dimension of intercourse amongst substantial certainty that he would transmit herpes to the claimant, that intent to hurt was non inferred every moment a thing of law, together with that the case courtroom improperly rendered summary judgment.

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