Canada’s Supreme Court Friday denied a man a $200,000 insurance award, saying a rare side effect of genital herpes that paralyzed him was not an accident.
In a 9-0 ruling, the justices said Randolph Gibbens, 51, was not entitled to the payout from the Cooperators Life Insurance Co. group policy.
The judges noted Gibbens acknowledged having unprotected sex with three women in 2003 and acquired genital herpes. By 2006, he became totally paralyzed from the mid-abdomen down as a result of transverse myelitis, a rare complication of herpes.
Two British Columbia courts upheld appeals by Cooperators, which argued the complication couldn’t be considered an accident.
Writing for the majority, Justice Ian Binnie agreed, noting “accident insurance is not comprehensive health insurance,” and that Gibbens contracted herpes in an ordinary way.
“I agree with the courts in British Columbia that Mr. Gibben’s paralysis was tragic and unexpected, but I do not agree with them that it was caused by ‘external, violent and accidental means’ within the meaning of the insurance policy,” the ruling said.
