State Farm Fire & Casualty Co. v. Harbert

Summary

The Supreme Court of South Dakota held that an invasion-of-privacy claim arising from conduct leading to the dissolution of a marriage was, in substance, an alienation-of-affections claim. Because alienation of affections is an intentional tort requiring specific intent, the claim was excluded under the insurance policy and coverage for it was contrary to South Dakota public policy; the judgment for State Farm was affirmed.

Holdings

1. An invasion-of-privacy claim derived from conduct leading to the dissolution of a marriage is not separate from, but is instead a repackaged alienation-of-affections claim.
2. The alienation-of-affections claim is an intentional tort requiring specific intent to alienate one spouse's affections from the other, and therefore falls within the policy's intentional-tort exclusion; State Farm had no duty to defend or indemnify Harbert.
3. South Dakota public policy prohibits insurance coverage for the intentional tort of alienation of affections.

Questions Presented

1. Whether an invasion-of-privacy claim arising from conduct leading to the dissolution of a marriage is properly treated as an alienation-of-affections claim.
2. Whether an alienation-of-affections claim falls within the policy's intentional-tort exclusion and is outside coverage and the duty to defend.
3. Whether South Dakota public policy prohibits insurance coverage for the intentional tort of alienation of affections.

Disposition

affirmed