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Aetna Ruled Not Liable in Hudson Suit : AIDS: Insurer says ruling ends ‘deep pockets’ in aquired immune deficiency cases. Former lover of actor sued his estate and won $14.5-million judgment.

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<i> From The Associated Press</i>

A company that insured Rock Hudson is not liable for a $14.5-million judgment won by a former lover who sued the actor’s estate after Hudson died of AIDS complications, a federal judge in Los Angeles ruled.

The ruling was welcomed Tuesday by Aetna Casualty & Surety Co.

“This ruling eliminates deep pockets in these AIDS cases,” said Aetna attorney Michael J. Leahy. “This ruling also tells the public that they are personally responsible in AIDS transmission cases.”

U.S. District Judge A. Wallace Tashima found that Hudson, who died in October, 1985, willfully kept the disease secret from lover Marc Christian.

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Christian had sought $11 million, claiming Hudson concealed the fact that he had a deadly, sexually transmitted disease. In February, 1989, he was awarded $3.5 million more than was sought in compensatory damages.

Hudson’s actions were excluded from coverage under a clause in the insurance policy that bars liability for “bodily injury or property damage which is expected or intended by the insured,” the judge ruled Monday.

An attorney for the Hudson estate said Tuesday he had not seen the ruling and would have no immediate comment. But estate lawyer Peter Fonda said an appeal was tentatively planned.

The insurance company’s attorney said Aetna has no duty to provide coverage for the damage award or to continue funding for the estate’s ongoing appeal. The Hudson estate is still appealing the award.

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