Kurchner v. State Farm Fire & Casualty Co.
District Court of Appeal of Florida
858 So. 2d 1220 (2003)
Before undergoing chemotherapy that risked causing sterility, Harry Kurchner (plaintiff) and his wife arranged to have his sperm frozen with the South Florida Institute for Reproductive Medicine (SFIRM). SFIRM's storage tank cooling system later failed, destroying the samples, and Kurchner sued SFIRM; the two settled, with Kurchner taking assignment of SFIRM's rights against its insurer, State Farm Fire & Casualty Co. (defendant), which had denied coverage for the claim. State Farm's policy covered bodily injury, and Kurchner argued the destruction of his sperm samples qualified. The trial court ruled against Kurchner, who appealed.
Whether cells removed from the body constitute part of the body for purposes of a bodily injury insurance claim.