South Dakota Supreme Court Finds No Duty to Defend or Indemnify Claim Arising from Extra-Marital Affair
State Farm Fire & Casualty Co. v. Harbert, No. 24366-a-TUCKER, 2007 SD 107 (S.D. October 24, 2007)
The South Dakota Supreme Court held this week that State Farm has no duty to defend or indemnify a claim brought against its insured for wife stealing after an extra-marital affair between the insured and the underlying plaintiff’s now ex-wife. The court found that the claim, which was essentially an alienation of affections claim, is an intentional tort, falling within State Farm’s intentional tort exclusion in the subject personal liability umbrella policy. The court also found that insuring an alienation of affections cause of action for an insured was contrary to the public policy of South Dakota.
