Peters v. Firemen’s Insurance Co.
California Court of Appeal
79 Cal. Rptr. 2d 326 (1998)
- Written by Alex Ruskell, JD
Facts
Laurence Peters (plaintiff) sued Firemen’s Insurance Co. (Firemen’s) (defendant) for breach of the insurance contract on Peters’s yacht. Specifically, Peters challenged Firemen’s refusal to cover a lawsuit brought by Susan L., who was suing Peters for giving her herpes. Peters argued that Susan L.’s suit should be covered by the insurance policy on his yacht because Peters’s yacht was “used” to transmit herpes within the meaning of Peters’s insurance contract. Peters claimed that his large pleasure craft was a “sign of his wealth and status” that “fostered romance and sexual conduct” leading to the type of sexual activity that transmitted the disease. The trial court ruled in favor of Firemen’s, and Peters appealed.
Rule of Law
Issue
Holding and Reasoning (Boren, J.)
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