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- Herpes accident not an insured loss
Herpes accident not an insured loss
- By ILS corp
- Published 12/23/2009
- ILSTV Stories
- Unrated
In a 9-0 ruling, the justices said Randolph Gibbens was not entitled to the payout from the Co-operators Life Insurance Company’s
group policy.
Gibbens acknowledged having unprotected sex with three women in 2003 and admitted that he acquired genital herpes as a result. He later became totally paralyzed due to a complication from the sexually-transmitted disease.
Two British Columbia courts upheld appeals by Co-operators, which argued the complication couldn't be considered an accident.
Writing for the majority, Justice Ian Binnie agreed, noting "accident insurance is not comprehensive health insurance," and that Gibbens contracted herpes in an ordinary way.
In the ruling, the judge said "I agree with the courts in British Columbia that Mr. Gibben's paralysis was tragic and unexpected, but I do not agree with them that it was caused by 'external, violent and accidental means' within the meaning of the insurance policy.

