Jessica M.F. v. Liberty Mut. Fire Ins. Co
In Jessica M.F. v. Liberty Mut. Fire Ins. Co., 209 Wis. 2d 42, 561 N.W.2d 787, 790-91 (App.1997), the court considered the liability of a spouse in D.B.'s position under two homeowner's policies. One policy excluded coverage for bodily injury "'which is expected or intended by the insured,' or 'from the standpoint of the insured.'"
The other policy excluded coverage for such injuries "'expected or intended by an insured.'" Both policies provided that coverage "'applies separately to each insured.'" 561 N.W.2d at 790, n.7. The court had no difficulty in finding that neither policy provided coverage. Id. at 791-94.
In Jessica M.F., the court rejected the reasonable expectations argument for two reasons: "one who purchases homeowner insurance does not contemplate coverage for sexual misconduct committed by one's spouse; and . . . one who purchases homeowner insurance would not want to share that type of risk, (and the increased premiums that would result,) with other homeowner's policyholders." 561 N.W.2d at 794.