9.5 Sexually Transmitted Disease

• Jurisdiction: Arizona

With increasing frequency, modern homeowner's policies contain an exclusion regarding sexually transmitted disease. The wording of these exclusions is variable and without industry consistency. Sexually transmitted diseases may not be covered in the first instance under the policy's insuring agreement because the sexual act of transmission does not constitute an "accident." Deliberate, although innocent conduct, does not constitute an "accident."^[63] Typically, the term "accident" refers to the happening of the event itself i.e., the act, and not the consequences of that act.^[64]

An insurance company may preclude coverage for the negligent transmission of sexually transmitted diseases by inserting a specific exclusion in the policy.^[65] Courts in other jurisdictions have upheld transmission of disease exclusions.^[66] Other courts have determined that non-specific intentional act exclusions are applicable in sexually transmitted disease cases.^[67]

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Notes:

[63] Kema Steel, Inc. v. Home Ins. Co., 153 Ariz. 315, 736 P.2d 798 (Ct.App. 1986) review denied. See also Metropolitan Prop. & Cas. Co....