Aetna Casualty & Surety Company v. Wallace Sheft, Special Administrator of the Estate of Roy H. Fitzgerald, AKA Rock Hudson

Wallace Sheft, special administrator of the estate of Roy Fitzgerald, aka Rock Hudson (“the Estate”), appeals from an order granting summary judgment in favor of Aetna Casualty & Surety Company (“Aetna”), in its declaratory judgment action. Aetna sought a declaration that it is not required to indemnify or defend the Estate for a judgment against it in a state court action brought by Marc Christian, Hudson’s lover. In the state court action, Christian won a jury verdict for intentional misrepresentation, intentional concealment, and intentional infliction of emotional distress based on his allegation that Hudson, knowing he had AIDS, intentionally misrepresented his condition to induce Christian to engage in high risk sex.

The district court had jurisdiction pursuant to 28 U.S.C. § 1332 (a)(1). We have jurisdiction over this timely appeal under Federal Rule of Civil Procedure 54(b), and 28 U.S.C. § 1291 . We affirm.

I.

On October 31, 1984, Aetna issued a homeowner’s insurance policy to Rock Hudson. The policy provided coverage to Hudson, inter alia, “if a claim is made or a suit is brought against any insured for damages because of bodily injury or property damage to which this…