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North Star Mutual Insurance Co. v. R.W.

431 N.W.2d 138 (1988)

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North Star Mutual Insurance Co. v. R.W.

Minnesota Court of Appeals
431 N.W.2d 138 (1988)

SC

Facts

T.F. (defendant) had a homeowner’s-insurance policy with North Star Mutual Insurance Company (North Star) (plaintiff). The policy covered bodily injuries, including diseases, caused by accident. R.W. and T.F. engaged in consensual sexual intercourse. R.W. filed a complaint claiming that T.F. negligently gave her genital herpes. T.F. claimed that he did not know that he had herpes and sought to have North Star defend him in the claim pursuant to the insurance policy. North Star declined coverage and filed an action for a judgment declaring that it did not have a duty to defend T.F. on R.W.’s claim. North Star claimed that the transmission of genital herpes can never be an accident. The trial court granted North Star summary judgment. T.F. appealed.

Rule of Law

Issue

Holding and Reasoning (Foley, J.)

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