Franke, Schultz & Mullen, PC | Summary Judgment finds no coverage for HIV transmission claims - dispelling bad faith claim
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Summary Judgment finds no coverage for HIV transmission claims - dispelling bad faith claim

06/07/2012

Plaintiff, Brent Lambi, filed suit against his homeowner's insurer asserting claims of breach of contract, vexatious refusal and bad faith asserting his insurer was obligated to defend and indemnify him in an underlying tort action based upon his alleged transmission of the HIV virus to a sexual partner. The United States District Court for the Western District of Missouri granted summary judgment in favor of the insurer finding that the underlying claims against the plaintiff arising out of the transmission of the HIV virus did not fall within the terms of the insuring agreement because the transmission of the HIV virus does not constitute "bodily injury" as the term is defined in the policy. The District Court additionally found the "Abuse" and "Communicable Diseases" exclusions barred coverage for the claim. The case is styled Lambi v. American Family Mutual Insurance Co., Case No. 1116-CV17919, U.S. District Court for the Western District of Missouri. American Family was represented by Nikki Cannezzaro.