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.

 The insurer appealed the decision, and the court of appeals reversed the grant of summary judgment for the defendant, remanding the case to the district court with directions to dismiss the insured's complaint.

 In its decision, the court of appeals determined that, by definition, alienation of affection was an intentional tort, which could not be considered a covered accident under defendant's policy. The court stated, “[T]he comfort and consortium injuries alleged by [the husband] were sufficient to state a claim for alienation of affections, and under South Dakota law, [the husband] could not recover on this claim unless he proved that [the insured] had not intended to cause those specific injuries. In these circumstances, any loss to [the husband] was expected or intended by [the insured] and could not be deemed an accident. Therefore, [the insurer] had no contractual duty to defend.”

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