KANSAS CITY, Mo. (AP) — Geico might be required to pay a Missouri lady $5.2 million as a result of she stated she shriveled a sexually transmitted illness whilst having intercourse within the automobile of a person who’s insured via the corporate.
A 3-judge panel of the Missouri Court docket of Appeals on Tuesday upheld a Jackson County Court docket’s determination putting forward an arbitrator’s discovering that the lady used to be entitled to the award.
On the other hand, Maryland-based Geico has filed a federal lawsuit arguing the lady’s declare isn’t coated via the person’s insurance coverage. The corporate stated in an e mail Thursday that lawsuit will resolve whether or not “there may be protection on this topic.”
In keeping with court docket paperwork, the lady, known as M.O., and a person, who have been in a courting, had intercourse within the guy’s automobile. She contends she shriveled HPV, human papillomavirus, since the guy didn’t inform her he had the illness. HPV could cause cervical most cancers, positive different cancers and genital warts.
In February 2021, M.O. notified Geico she deliberate to hunt a $1 million insurance coverage agreement in opposition to the person. She argued the person’s auto insurance coverage equipped protection for her accidents and losses.
The insurance coverage corporate refused the agreement be offering, pronouncing the lady’s declare didn’t happen as a result of standard use of the automobile, consistent with court docket paperwork.
An arbitrator ultimately made up our minds she must be awarded $5.2 million for damages and her accidents. She then filed a movement in Jackson County Court docket searching for to substantiate the award.
Geico claimed it didn’t know the person and girl had entered into arbitration and, when it discovered, it sought to interfere within the court docket case. The corporate argued the arbitration award used to be reached via collusion and fraud, violated its rights to due procedure and used to be unenforceable.
The decrease court docket rejected Geico’s requests and showed the award, prompting the insurance coverage corporate’s attraction as it stated it didn’t have a “significant alternative” to shield its pursuits, consistent with court docket paperwork.
The appeals court docket discovered that Geico didn’t have the precise to “re-litigate” the problems after the award have been affirmed.