Woman gets STD in BF's car…awarded 5.2 million from Geico

[Sublime00]

Woman who claims she got a sexually transmitted disease from an ex-boyfriend after sex in the back of his Hyundai Genesis is awarded $5.2 million settlement from his CAR INSURANCE company

By Ruth Bashinsky For Dailymail.Com
18:58 EDT 08 Jun 2022 , updated 19:02 EDT 08 Jun 2022

On Tuesday, after five years of uncertainty, the Missouri Court of Appeals affirmed that GEICO General Insurance Company, must make the massive payout to the Jackson County woman, in this unprecedented case.

A three-judge panel found that the judgment entered against the insurance giant through earlier arbitration proceedings was valid, Yahoo News reported.

Court papers obtained by the DailyMail.com reveal that the woman notified GEICO in February 2021 stating that she and the insured had been in a romantic relationship since 2017.

The woman told the insurance company her intention to seek monetary damages, alleging she contracted HPV, the human papillomavirus, from an insured member in his automobile.

Court documents reveal that in the suit, the woman alleged that her ex-boyfriend, had been told that he had throat cancer tumor and was diagnosed with HPV, yet he continued to have unprotected sex with her knowing the risks.

Corporate headquarters of GEICO (pictured). Court papers obtained by the DailyMail.com reveal that the woman notified GEICO in February 2021 stating that she and the insured had been in a romantic relationship since 2017

Court papers obtained by the DailyMail.com reveal that the woman notified GEICO in February 2021 stating that she and the insured had been in a romantic relationship since 2017
The ex-boyfriend drove a 2014 Hyundai Genesis that was insured by the insurance giant

The ex-boyfriend drove a 2014 Hyundai Genesis that was insured by the insurance giant
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 ex-boyfriend 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.

Los Angeles personal injury attorney Miguel Custodio, co-founder of Custodio and Dubey LLP, told DailyMail.com that the settlement was reasonable.

'If you think about it as an injury sustained while in that person's vehicle, then it totally falls within what an insurance company would be required to pay,' he said.

'Usually, injuries to passengers are the result of a collision, or slamming the door on one's fingers, that sort of thing. But while a lawsuit over contracting an STD from the insured driver may be the first of its kind, this award shows that it's not a stretch for someone to file against an insurance company for any actions occurring in a motor vehicle.'

'The lesson to be learned here is that people need to broaden the scope of what an injury is,' Custodio continued. 'Most people would not think that contracting this disease is an injury suffered in a vehicle — though it definitely is.'

GEICO 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.

Court documents reveal that the three-judge panel found that the lower court did not make a mistake by denying the company's motions.

They said GEICO did not have a right to 'relitigate those issues' once damages had been determined and a judgment was entered.

'All of GEICO's appeals were denied and they are not allowed to relitigate where a judgment has already been entered,' Custodio told DailyMail.com, saying that insurers must be studying this case closely.

'I expect they already have an army of attorneys poring over their contracts and devising ways to prevent these kinds of claims in the future.'

'The entire insurance industry is certain to be looking at this case, because it could have ramifications in all kinds of situations. For example, what if someone contracts HIV from their partner in their partner's home, and the partner didn't reveal his medical issue – can you go after their home insurance for this?'

'I predict we'll all be getting notifications of changes to our insurance policies in the near future,' he concluded.

https://www.dailymail.co.uk/news/art...e-company.html

[eluded]

As they say just 15 minutes could…

[G MONEY]

That is an expensive piece of p-ssy!!!!!

[M-technik-3]

Here's another reason rates will go up. Sad state of judicial system to allow frivolous law suits like this and make judgements that will cause others to do the same. Like suing McDonalds for Hot Coffee. You Ordered a hot coffee now drink it or wait idiot.

[CarsAndGuitars]

Now people can sue an insurer if they get COVID from kissing (or breathing the same air) in the car of a person who "thinks they might have been exposed".

There is seemingly no difference.

[banrek]

This is such a weird verdict. If she got the STD from having done the deed in bed would she have sued the mattress company or the bed sheets one?

[zx10guy]

I'm still wondering how GEICO can be on the hook for $5.2 million. All of my liability limits for my vehicles max out at $250k/500k or something close. I can't purchase more coverage even if I wanted. To further protect myself from monetary liability, I took out an umbrella policy which covers up to $1 million. Unless that guy bought supplemental coverage through an umbrella policy, I don't see how GEICO would be required to pay out that large amount.

[CarsAndGuitars]

Originally Posted by banrek

This is such a weird verdict. If she got the STD from having done the deed in bed would she have sued the mattress company or the bed sheets one?

it would be analogous to suing the home insurer, not the bed manufacturer. But yes, just as bizarre

[Alfisti]

The US legal system never ceases to amaze me.

[Murf the Surf]

[G35POPPEDMYCHERRY]

no justice no peace

[Mason Hatcher]

Originally Posted by G35POPPEDMYCHERRY

no justice no PIECE

Fixed it.

[AlexFL]

Not a big deal for Geico. They will reimburse themselves via their poor customers.

[OkieSnuffBox]

Originally Posted by zx10guy

I'm still wondering how GEICO can be on the hook for $5.2 million. All of my liability limits for my vehicles max out at $250k/500k or something close. I can't purchase more coverage even if I wanted. To further protect myself from monetary liability, I took out an umbrella policy which covers up to $1 million. Unless that guy bought supplemental coverage through an umbrella policy, I don't see how GEICO would be required to pay out that large amount.

I was wondering this as well.

[G MONEY]

Can we find out her Insta account or name? I would like to date her now!!!

[pikkagtr]

This will open the flood gates
What next? I gave someone a ride in my modified car with track suspension, it was too stiff and the passenger slipped a disc
Now my insurance is responsible for fixing their spine?
O.0

[RM7]

Originally Posted by pikkagtr

This will open the flood gates
What next?

Probably insurance companies actually writing their contracts for the intent of auto-related injuries and not just injuries in general. Writing laws and contracts is painfully slow to ensure you cover everything as best as possible. When you leave loopholes, this is what happens. Everyone loves a loophole when it benefits them and they hate it when it benefits someone else...

[overcoil]

Originally Posted by zx10guy

I'm still wondering how GEICO can be on the hook for $5.2 million. All of my liability limits for my vehicles max out at $250k/500k or something close. I can't purchase more coverage even if I wanted. To further protect myself from monetary liability, I took out an umbrella policy which covers up to $1 million. Unless that guy bought supplemental coverage through an umbrella policy, I don't see how GEICO would be required to pay out that large amount.

Geico kind of errored in the beginning. Still ridiculous and sure there is more to come.


https://www.courts.mo.gov/file.jsp?id=187183

[zx10guy]

Originally Posted by Caravaggio

Geico kind of errored in the beginning. Still ridiculous and sure there is more to come.


https://www.courts.mo.gov/file.jsp?id=187183

What's the Cliff's Notes version? Prefer not to have to go through that legal document as I've already had my fill with my recent divorce.

[overcoil]

Originally Posted by zx10guy

What's the Cliff's Notes version? Prefer not to have to go through that legal document as I've already had my fill with my recent divorce.

GEICO didn't want to defend it's client the case then went to arbitration.The arbitration element of the case stands due to past rulings.

But as one of the judges who concurred with this ruling stated that he disagreed with the precedent case that made this ruling possible.


It's a little more complex but still ridiculous.

[stein_325i]

I seriously though this was an article from the Onion at first...

[tranquility]

Originally Posted by M-technik-3

Here's another reason rates will go up. Sad state of judicial system to allow frivolous law suits like this and make judgements that will cause others to do the same. Like suing McDonalds for Hot Coffee. You Ordered a hot coffee now drink it or wait idiot.

I immediately thought of that McD lawsuit. Rewarded for stupidity. Crazy...

Don't even understand this one, they only(mainly?) had sex in that car? Wth....