Herpes Insurance

Like so many good stories, ours takes place in Texas. A man known to history only as G.W. (I know what you're thinking, but I had it checked out and it's not that G.W.) is at a nightclub, where he is celebrating his thirtieth birthday. He has herpes. No symptoms right now, but it's there. He picks up S.S. at the club, and they go back to his place. He doesn't tell S he has herpes, and they have sex. Happy birthday G!

G wakes up the next morning to find open sores on his penis. Dammit! "Uh, S," he says, "you should consider having a long-term relationship with me. After all, I think I may have just given you herpes."

S does not think that is a good idea.

S sues G in Texas state court. Lucky for G, his homeowner's insurance covers him from most kinds of liability. Unfortunately, he isn't covered if he intentionally causes harm. State Farm offers to supply G with a lawyer. Seeing a conflict of interest (if he's found to have injured S intentionally, like by giving her herpes, his insurance company doesn't have to pay anything) he finds his own instead.

Now for the fun part: G settles with S, who promises to waive all damages in exchange for a one third cut of a lawsuit G plans to file against the insurance company. So now G and S, to whom he gave an incurable venereal disease, are on the same side against State Farm insurance. S argues that even though he elected not to share his sexual history, G didn't harm her intentionally. State Farm argues that its own customer goes around trying to spread the virus. The arguments are close, and the case is appealed al the way up to the Texas Supreme Court.

After much deliberation, the case is remanded down to lower courts to resolve some factual controversies. Should G have known he was contagious even if he didn't exhibit symptoms? There weren't Valtrex commercials playing every goddamn minute back them to let people know these things. On the one hand, G was a doctor, and probably should have known something about herpes. On the other, he was only an optometrist, and everyone knows they aren't real doctors.

Find the whole story at State Farm Fire & Casualty Co. v. S.S. and G.W., 858 S.W.2d 374 (S.C. Tex. 1993).