David:
If the injured party is the spouse and they own the property together, there is almost always an exclusion for claims by one co-owner against the other.
Most homeowners policies exclude intentional acts also, but you might proceed (assuming not co-owners of the property) under the theory that the injury was the unintentional consequence of an intentional act, or that the defendant did not have reason to know he had a STD. There could be other exclusions for such causes of action, so obtaining and reading the policy exclusions is essential.
Robert E. Goldstein, Esq.
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Original Message------
I've had the issue of nondisclosure of an STD (Herpes) come up, but it's always been resolved via a trade-off in equitable distribution or support to compensate the injured spouse.
Does anyone know if a claim of this nature would be covered by a Homeowner's policy? I think there was a case on it (or closely related issue), but don't recall it or how it came out.
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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