According to a recent article published in The Legal Intelligencer, the Pennsylvania Superior Court has upheld a Montgomery County court’s determination that a defendant is not entitled to indemnity under his homeowner’s insurance policy in a personal injury case where the defendant crept up behind his friend and struck him in the testicles, allegedly rendering the friend infertile.  In American National Property and Casualty v. Hearn, the Superior Court determined that Defendant Hearn’s actions fell within an exclusion in his homeowner’s policy for “expected or intended acts.”  Hearn unsuccessfully argued that he should be afforded indemnity because he only intended to cause momentary discomfort.  A link to the full article published in The Legal Intelligencer on May 7, 2014 can be found here.