She gets more than she actually asked for: a Missouri woman who was infected with the papillomavirus by her boyfriend while having sex in the car has been awarded $5.2 million in damages by a court.
A Missouri woman is reportedly being awarded millions of dollars in damages by auto insurer Geico after she contracted an STD while having unprotected sex with her partner in his car. The US company – with which the man’s vehicle was insured – had to pay the plaintiff $ 5.2 million (around 4.94 million euros), US media report, citing court documents. The Missouri Court of Appeals has now upheld that award.
Geico rejects comparison with Missouri woman
According to the reports, the woman—identified anonymously in the documents as M.O. — filed a complaint with Geico in February 2021, alleging that her sexual partner negligently infected her with human papillomavirus (HPV) or contributed to the infection because he “did not take adequate precautions and failed to share his diagnosis and /or disclose”. The woman said she was seeking a $1 million settlement, arguing that the man’s auto insurance was responsible for her physical injuries and losses. HPV can cause cervical cancer, certain other cancers, and genital warts.
The insurance company rejected the settlement offer on the grounds that the woman’s damage was not caused by normal use of the vehicle, as reported by US broadcaster CNN. The case was then referred to an arbitrator. He decided that there was “sexual activity in the (insured) car” that “directly led to or contributed to the woman being infected with HPV”, even though her former partner knew about his positive HPV diagnosis.
The arbitrator then stated that $5.2 million would represent reasonable compensation for the woman. Geico appealed against the subsequent affirmation of the arbitration award by the Jackson County District Court, alleging that the court failed to provide the company with “a reasonable opportunity to defend its interests.” However, the appeals court on Tuesday upheld the district court’s decision. “At the time Geico intervened, liability and damages had already been determined by an arbitrator and confirmed by the court,” CNN quoted as saying. “Geico had no right to contest these issues again.”
The judges went on to say that the insurance company could have defended its interests by protecting its policyholder. “Geico did not take advantage of that opportunity and instead denied insurance coverage and refused to defend the insured.”
Quellen: CNN, Associated Press
