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State Farm Fire & Casualty Company v. S.S. & G.W.

858 S.W.2d 374 (1993)

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State Farm Fire & Casualty Company v. S.S. & G.W.

Texas Supreme Court

858 S.W.2d 374 (1993)

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Facts

S.S. (defendant) contracted genital herpes after having consensual sexual intercourse with G.W. (defendant) at his home. S.S. filed suit against G.W. alleging that he negligently transmitted the disease to her. Ultimately, S.S. agreed to settle the suit within the limits of an insurance policy G.W. held with State Farm Fire & Casualty Company (State Farm) (plaintiff). State Farm refused to pay the claim. Thereafter, State Farm brought suit against G.W. and S.S. seeking a declaratory judgment that G.W.’s homeowner’s policy did not provide coverage for the claims asserted. The trial court granted summary judgment in favor of State Farm and S.S. and G.W. appealed. The court of appeals reversed and the Texas Supreme Court granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Hightower, J.)

Dissent (Hecht, J.)

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