Pins v. State Farm Fire and Casualty Company, 2007 WL 414365 (C.A.8 (S.D.), 2007) involved an insured who engaged in a sexual affair with the wife of another man. The husband sued the insured in a South Dakota state court, asserting claims for alienation of affections, intentional infliction of emotional distress, and negligent infliction of emotional distress. The insured tendered the lawsuit to the insurer, asserting that the insurer must defend and indemnify the insured under his Personal Liability Umbrella Policy in effect at the time in question.

 The insurer declined to defend, concluding that the policy did not cover the husband's claims. The insured filed suit against the insurer seeking declaratory relief, alleging breach of its contractual duty to defend and bad faith.

The district court granted partial summary judgment in favor of the insured, concluding that the insurer had a duty to defend against the spouse's alienation of affections claim because it was possible, indeed likely, that the insured did not intend to break up the husband's marriage by having sexual relations with the wife.