A Missouri woman might receive $5.2 million from car insurance firm GEICO after claiming she contracted a sexually transmitted disease while having sex with her ex in a car. The woman is suing for monetary damages after claiming she got HPV from an insured member, reports said.
She wanted a reimbursement from her ex-boyfriend’s automobile insurance company after claiming that she had a sexually transmitted disease from him after having sex in his 2014 Hyundai Genesis.
After five years of deliberation, the Missouri Court of Appeals affirmed on Tuesday that GEICO General Insurance Company must compensate the Jackson County woman, according to multiple sources.
A three-judge panel determined that the earlier arbitration verdict imposed against the insurance company was genuine. They claimed that once damages were assessed and a judgment was filed, GEICO had no authority to relitigate those matters.
According to court documents, the lady alerted GEICO in February 2021 that she and the insured had been in a romantic connection since 2017. The woman informed the insurance company that she intended to pursue monetary damages, claiming that she caught HPV, or human papillomavirus, from an insured member in his vehicle.
The woman claimed in the suit that her ex-boyfriend was told he had throat cancer and was diagnosed with HPV, yet he continued to have unprotected sex with her despite knowing the risks, according to court filings.
The arbitrator determined in May 2021 that the man and woman had intercourse inside his vehicle, which ‘directly caused or contributed to the HPV infection.’
GEICO filed motions for a new hearing of the evidence and for the award to be overturned, claiming that the verdict violated the company’s due process rights and that the arbitration agreement was invalid. Miguel Custodio, Los Angeles personal injury attorney, argued that this was an injury that an insurance company would be required to pay for under the policy.
GEICO challenged the Missouri Court of Appeals’ decision, but the court upheld the $5.2 million award. The insurance company is still contesting the verdict in federal court, alleging that the claim is not covered under the policy, reports say.