Sex Lies and Insurance


Sex and Lies are Common Bedfellows, as are Lies and Insurance

Sex and Lies are Common Bedfellows, as are Lies and Insurance.  But, Sex and Insurance?

It is not that often that the words sex, lies and insurance are referenced together; at least not until this West Virginia high court decision was published.  See New York Life v. Miller, Case No. 14-020280 (W. Va. 2014).

There, an unfortunate fellow, Mark A. Miller (no relation) sued New York Life because his ex-wife, Maria Miller had an adulterous affair with an insurance salesman.  Apparently the insurance representative helped Maria Miller roll over her 401(K) account, but their relationship did not end there.  Maria Miller and the insurance representative had an adulterous affair that lead to divorce.  To make matters worse, Mr. Miller developed a condition known as “Herpes Phobia,” which, for those that do not know,  is “a constant fear of contracting [the] loathsome disease [herpes].”  Mr. Miller did what others in this situation could only dream of doing.  He sued the insurance salesman and the insurance salesman’s employer, New York Life, for, among other things: conversion, intentional infliction of emotional distress, criminal conversation, adultery and breach of fiduciary duty.  I must admit, for human interest reasons alone, I was rooting for Mr. Miller to win this case. He, however, lost on all accounts. (more…)