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

Texas Supreme Court

858 S.W.2d 374 (1993)

Relevant factsFree

S.S. (defendant) contracted genital herpes after consensual intercourse with G.W. (defendant), who knew he had the condition but didn't disclose it, and S.S. sued G.W. for negligent transmission, settling within the limits of G.W.'s State Farm (plaintiff) homeowner's policy; State Farm refused to pay and sued for a declaration that the policy excluded coverage because G.W.'s transmission of the disease was an intentional injury outside the policy's coverage. The trial court granted State Farm summary judgment, the court of appeals reversed, and the Texas Supreme Court granted review.

IssueFree

Whether, in Texas, an individual who acts with intent to cause harm or injury to another has committed an intentional tort.

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