Jackson County (MO) woman says she caught STD in car. Auto insurance to pay out $5.2 million

[question everything]

The Missouri Court of Appeals has affirmed that an insurance company must pay a $5.2 million settlement granted to a Jackson County woman who claimed she unwittingly caught a sexually transmitted disease from her former romantic partner in his car. In an opinion issued Tuesday, a three-judge panel found that the judgment entered against GEICO General Insurance Company through earlier arbitration proceedings was valid. The insurance companies sought to undo the action, claiming errors were made in Jackson County Circuit Court and the settlement agreement was not done in line with Missouri law.

According to court papers, the woman, identified in court records only as M.O., notified GEICO in February 2021 of her intention to seek monetary damages, alleging she contracted HPV, the human papillomavirus, from an insured member in his automobile. She contended the man caused her to be infected with the STD despite being aware of his condition and the risks of unprotected sex.

The insurance company declined the settlement, sending the case to arbitration. In May 2021, the arbitrator found that the man and woman had sex inside his vehicle that “directly caused, or directly contributed to cause” the HPV infection. The man was found liable for not disclosing his infection status and the woman was awarded $5.2 million for damages and injuries to be paid by GEICO.

The insurance company filed motions seeking a new hearing of the evidence and for the award to be tossed out, saying the judgment violated the company’s rights to due process and the arbitration agreement was unenforceable. The company appealed after those requests were denied. The three-judge panel tasked with reviewing the case found that the lower court did not make a mistake by denying the company’s motions, saying GEICO did not have a right to “relitigate those issues” once damages had been determined and a judgment was entered.

https://www.kansascity.com/news/article262267902.html

[Jerry2144]

1. Ok. I understand

Arbitration is good when it rules for the corporations (most common outcome). But when it rules totally against a corporation, it’s bad and the corporation can sue to overturn the arbitration and common people cannot sue to overturn?

Seems totally fair.


This might be one of the very few cases where arbitration helps the average person

[question everything]

2. You have an unprotected sex with an infected boyfriend in his car and you are holding his insurance

responsible?

What if you had it in a public park? Sue City Hall?

Or in his apartment, his home insurance?

It is not about arbitration, it is about stupid greedy people.

And she should have been vaccinated against HPV. Oh, forgot, Michele Bachmann was against it, said it caused mental retardation



https://www.politifact.com/factchecks/2011/sep/16/michele-bachmann/bachmann-hpv-vaccine-cause-mental-retardation/

[rsdsharp]

4. In Michele's case, she may be right.

SOMETHING caused it.

[Jerry2144]

8. My point was focused on the arbitration

So many contracts common people sign force the consumer to only use arbitration to solve problems and don’t allow the consumer to sue. They do that to ensure the corporation wins most of the time. And when arbitration don’t go In the consumer’s favor, the consumer can’t sue (thank you SCOTUS).

In this case, the corporation lost the case completely, doesn’t like the results, then can sue to overturn? Regardless of the merits of the claim, the rules need to be even for both sides especially since the consumer has so little power. If the insurance company can sue to overturn arbitration they don’t like, then consumers must also be able to sue.

Forced arbitration is BS and should not be allowed. But consumers lost that right to sue several years ago thanks to SCOTUS.

[Timewas]

14. Bachmann

Sh eshould have gotten that one, retardation would be an improvement.

[sarisataka]

3. The two edged sword

Once arbitration has been agreed to, the decision is final.
However am not sure why the award was so high. No one carries a $5M auto policy.

[48656c6c6f20]

6. Wonder if the person who gave her the STD

Is a public figure? That would explain a lot.

[sarisataka]

9. Perhaps if he had a large umbrella policy

Too bad for GEICO the arbitrator was pissed at them that day but had it gone the other way they would arguing arbitration is binding.

[FalloutShelter]

5. The tractor story?

[uponit7771]

10. GOOD !!! Corporations bit by their own arbitration stupidity. But how is the company liable for the

... consensual sex inside their vehicle?!

Makes no sense

[Effete Snob]

11. She did not consent to contract HPV

I don't know why you are focussing on "consensual sex" and leaving out the part that he knew he was infected and had sex with her anyway.

[uponit7771]

12. OK then, how is the car company culpable for this guys text book assault on the woman? tia

[DetroitLegalBeagle]

13. They aren't. That's not what this case was about.

The company sent it to arbitration. For whatever reason, it was decided against the company in arbitration. They then went to the court to overturn the arbitration, which the court said no, the arbitration was binding. The court was only deciding whether or not Geico could ignore the decision from arbitration and relitigate it in court.

[Effete Snob]

16. They're not "culpable"

If he ran her over with the car, she’d also have a claim.

Apparently, she suffered an injury in his car.

[uponit7771]

18. got it

[roamer65]

15. So much for road "fun".

Bad, bad , bad roamer65!!!

[BlueLucy]

17. Almost all of us have been exposed to HPV. nt

My husband died in January of head and neck cancer caused by HPV.

[XanaDUer2]

19. This is ridiculous

Will customers premiums be raised because of this? What does the car insurance have to do with her having sex in it? This is the type of case giving ammunition to tort reform