Kurchner v. State Farm Fire & Casualty Co.

858 So. 2d 1220 (2003)

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Kurchner v. State Farm Fire & Casualty Co.

District Court of Appeal of Florida
858 So. 2d 1220 (2003)

EC

Facts

Harry Kurchner (plaintiff) was a recipient of chemotherapy treatment. Kurchner was concerned the treatment would make him sterile. Therefore, prior to undergoing treatment, Kurchner and his wife decided to freeze Kurchner’s sperm with the South Florida Institute for Reproductive Medicine (SFIRM). Kurchner’s samples were later destroyed when SFIRM’s storage tank’s cooling system failed. Kurchner sued SFIRM. State Farm Fire & Casualty Co. (State Farm) (defendant) provided liability insurance to SFIRM, but denied any coverage for Kurchner’s claim. Kurchner and SFIRM then settled, with Kurchner assuming SFIRM’s rights against State Farm to seek coverage for the claim. State Farm’s policy included coverage for bodily injury. Kurchner argued that the destruction of his semen samples constituted bodily injury. The trial court ruled against Kurchner. Kurchner appealed.

Rule of Law

Issue

Holding and Reasoning (Ramirez, J.)

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