State Farm Fire & Casualty Co. v. S.S.

A one-night sexual encounter ended tragically when the female contracted genital herpes after consensual intercourse with her male partner. She sued him and obtained an agreed judgment for $1 million, which she now seeks to enforce against her partner’s homeowners’ insurer. The insurance company filed a declaratory judgment suit against the two protagonists seeking a declaration that it was not obligated to pay the judgment. The parties filed a counterclaim against the insurance company for breach of contract, negligence in handling the claim, violations of the Texas Deceptive Trade Practices…