CLARKE v. STATE FARM FLORIDA INS.

No. 4D11-2037.

123 So.3d 583 (2012)

John B. CLARKE, an individual, Appellant, v. STATE FARM FLORIDA INSURANCE, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

October 31, 2012.


Attorney(s) appearing for the Case

Julie H. Littky-Rubin of Clark, Fountain, LaVista, Prather, Keen & Littky-Rubin, LLP, West Palm Beach, for appellant.

Susan S. Lerner of Russo Appellate Firm, P.A., Miami, and Methe & Rockenbach, P.A., West Palm Beach, for appellee.


GROSS, J.

We affirm a final summary judgment in favor of the insurer in a declaratory judgment action, holding that the language of the policy excludes bodily injury caused by the transmission of a communicable disease or virus.

The plaintiff brought an action against appellant John Clarke for injuries sustained after she contracted Herpes Simplex Virus ("HSV") from him. The plaintiff sought damages on theories of negligence, fraudulent concealment, battery...

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