State Farm Fire & Cas. Co. v. TullyAnnotate this Case
Child Doe brought a civil action against Mark Tully, alleging that Tully negligently sexually assaulted Doe while he was intoxicated. State Farm Fire and Casualty Company previously issued a homeowners insurance policy to Tully providing that State Farm would defend Tully from claims resulting from an “occurrence” but not from claims resulting from Tully’s intentional actions. State Farm brought this action seeking a declaratory judgment that it owed no duty to defend Tully under the policy. The trial court granted summary judgment for State Farm, concluding that Tully’s actions fell outside the scope of the policy and, therefore, State Farm had no duty to defend him under the presumption of intent established in United Servs. Auto. Ass’n v. Marburg. Tully and Doe appealed, arguing that the evidence that Tully was intoxicated at the time of the incident created a genuine issue of material fact as to whether his actions were intentional. The Supreme Court affirmed, holding that evidence of voluntary intoxication may not negate intent in duty to defend cases such as the case here.