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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGEICO may have to pay $5.2 million to a woman who got an STD in an insured car
The Missouri Court of Appeals is siding with a woman who won a $5.2 million award against GEICO, in a case that centers on a unique auto injury claim: the woman says she contracted a sexually transmitted disease in a Hyundai sedan whose owner was insured by GEICO. The woman, identified in court papers as M.O., says a man, identified as M.B., infected her with human papillomavirus, or HPV, when they had unprotected sex in his 2014 Hyundai Genesis.
She says the man was negligent and didn't tell her about his health diagnosis, despite having a throat cancer tumor that was confirmed to be positive for HPV. GEICO had told the woman its auto insurance coverage didn't apply because the "damages claimed did not arise out of the normal use of the vehicle."
The sexual encounters took place in late 2017. Because the car was covered by GEICO at the time, M.O. says the company is obligated to compensate her for contracting HPV from its owner in the vehicle, citing medical expenses and her pain and suffering. The two signed an arbitration agreement in March of 2021, agreeing to settle their dispute. Roughly two months later, an arbitrator awarded M.O. $5.2 million, saying the sum "would fairly and justly compensate" her.
M.O. went to circuit court in Jackson County, Mo., to enforce the arbitration ruling, and won her case. GEICO then appealed to the higher state court. The insurance giant said it hadn't been given a chance to defend itself, violating its constitutional rights to due process and access to the courts. But in its ruling this week, two judges in the Missouri Court of Appeals' western district said GEICO had numerous chances to act on its own behalf.
https://www.npr.org/2022/06/10/1104134521/geico-lawsuit-std-hpv-insurance-car
Well that's a new one.
ripcord
(5,349 posts)woodsprite
(11,911 posts)Gore1FL
(21,128 posts)bluesbassman
(19,371 posts)Amishman
(5,555 posts)Their action - or rather inaction - kept them on the lawsuit when the man lost in arbitration.
Absolutely spectacular fuckup on Geico's part.
regnaD kciN
(26,044 posts)
for why we need tort reform that shields corporations from allegedly-frivolous (i.e. practically all) lawsuits.