A defendant in a personal injury case who crept up behind his friend and struck him in the testicles—possibly rendering that friend infertile for life—is not entitled to indemnity under his family’s homeowner’s insurance policy, the state Superior Court has ruled.

In American National Property and Casualty v. Hearn, a three-judge panel affirmed Monday a Montgomery County court’s determination that Brandon Hearn cannot be indemnified because his family’s insurance policy contained an exclusion of coverage in matters of “expected or intended acts.”

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