State Farm Fire and Casualty Company v. Mark Tully

Summary

The court held that an insurer had no duty to defend an insured against a negligence-labeled claim arising from his sexual misconduct with minors because the alleged conduct triggered a conclusive presumption of intent under the policy's intentional-acts exclusion. The court further held that voluntary intoxication, including intoxication associated with alcoholism, cannot negate that presumed intent for insurance-coverage purposes. The court affirmed summary judgment for the insurer because the underlying complaint alleged deliberate sexual misconduct and the defendants' intoxication evidence could not create a material factual dispute. No separate opinions were issued.