HO policy covers herpes case. (homeowners policy)

National Underwriter Property & Casualty-Risk & Benefits Management, July, 1990 by Haggerty, Alfred G.

HO Policy Covers Herpes Case The California Supreme Court has let stand an appellate court ruling that a policyholder sued for infecting a woman with herpes is insured for defense costs and may be covered for damages under his homeowners policy. The high court rejected a request by State Farm Fire & Casualty Co., Bloomington, Ill., for a hearing on the decision last March 13 by the Sixth District Court of Appeal in San Jose.

In its petition for review of the decision, State Farm asserted that "California public policy precludes insurance coverage for the consequences of voluntary, unprotected, consensual sexual conduct." While the decision is binding on trial courts throughout the state, its effect is limited by the fact that most insurers have rewritten...

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