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R.W. v. T.F.

No. C7-93-819.

528 N.W.2d 869 (1995)

R.W., Judgment Creditor, Respondent, v. T.F., Judgment Debtor, and North Star Mutual Insurance Company, Garnishee, Petitioner, Appellant.

Supreme Court of Minnesota.

March 31, 1995.

Attorney(s) appearing for the Case

R.D. Blanchard, Richard L. Pemberton, Jr., Jennifer Ball Mohlenhoff, Meagher & Geer, Minneapolis, for appellant.

Stewart Perry, Shawn Perry, Perry, Perry & Perry, Minneapolis, for respondent.

Wilbur W. Fluegel, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for amicus curiae MN Trial Lawyers Ass'n.

Kay Nord Hunt, Lommen, Nelson Cole & Stageberg, Minneapolis, for amicus curiae Ins. Federation of MN.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

This case involves the applicability of the intentional injury exclusion of a standard homeowner's policy to a claim based on the transmission of genital herpes.

T.F. was insured under a homeowner's policy issued by North Star Mutual Insurance Company ("North Star") effective July 9, 1983 through July 9, 1984. On March 17, 1984, T.F. had unprotected sexual intercourse with a woman. Within a few days he

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