Peters

This is an insurance coverage dispute. A boat owner is arguing that his yacht was “used”—within the meaning of his boat insurance policy—to transmit the herpes virus from his mouth to his girlfriend’s genitals. He reasons that his large pleasure craft was “a sign of his wealth and status” which “fostered romance and sexual conduct” leading ineluctably to a specific type of sexual activity—oral copulation—which transmitted the pernicious virus. The insured’s argument foundered in the trial court, which gave judgment to the insurance company. We affirm.

Facts

In July of 1995, Susan L. instituted a lawsuit against appellant Laurence W. Peters for negligence, battery, intentional transmission of an incurable sexual disease, and fraud. Susan L. alleged that she and appellant began dating in August of 1994. A sexual relationship developed which continued throughout September, October, November and December of 1994. In December of 1994, Susan L. developed painful vaginal lesions which were diagnosed as being caused by the herpes I and II viruses. Susan L. allegedly confronted appellant, who admitted that she was not the first woman who had accused him of transmitting the…