Sheft
Aetna Casualty & Surety Co. v. Sheft
Opinion
Opinion
Tashima, J.
MEMORANDUM DECISION
This case arises out of an action (the “underlying action”) filed in California state court by Marc Christian (“Christian”) against Wallace Sheft, the Special Administrator of the Estate of Roy H. Fitzgerald, aka Rock Hudson (the “Estate”). The underlying action seeks damages resulting from Hudson’s actions in engaging in “high risk sex” with Christian.
In the underlying complaint, Christian alleged that during the time that he and Hudson were engaging in sex, Hudson knew that he had AIDS and misrepresented his condition to Christian. The jury rendered a verdict against the Estate in the sum of $14,500,000 for intentional misrepresentation, concealment, and intentional infliction of emotional distress. The Estate is currently appealing that verdict and judgment.
Hudson’s insurer, Aetna Casualty & Surety Company (“Aetna”) filed the present action seeking a declaratory judgment that it is not required to defend or indemnify the Estate in the underlying action.
The parties have made cross-motions for summary judgment and agree that the material facts are undisputed. Aetna contends that both Cabins.Code § 533 and an express exclusion in the homeowner’s policy…