Woman who claims to have contracted an STD from former $5.2 million awardee from her insurance company

Woman who claims to have contracted a sexually transmitted disease from an ex-boyfriend after having sex in the back of her Hyundai Genesis receives a $5.2 million settlement from her car insurance company

  • The woman and the insured had been in a romantic relationship since 2017.
  • A three-judge panel held that the award rendered against GEICO through previous arbitration proceedings was valid.
  • GEICO sought to undo the lawsuit, alleging mistakes were made in the Jackson County Circuit Court.
  • The insurance giant also argued that the deal was not made in accordance with Missouri law.
  • The company filed embargoes asking for a new hearing of the evidence and the annulment of the sentence
  • The company appealed after those requests were denied

A Missouri woman has received a $5.2 million settlement against her ex-boyfriend’s car insurance company after she claimed she contracted a sexually transmitted disease from him after they had sex in her 2014 Hyundai Genesis.

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

A three-judge panel concluded that the judgment handed down against the insurance giant through previous arbitration proceedings was valid, Yahoo News reported.

Court documents obtained by 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 insurer her intention to seek damages, claiming that she contracted HPV, the human papilloma virus, from an insured in her automobile.

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

GEICO’s corporate headquarters (photo). Court documents obtained by 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 referee found that the man and woman had sex inside their vehicle that ‘directly caused or directly contributed to causing’ the HPV infection.

The ex-boyfriend was found liable for not disclosing her infection status and the woman was awarded $5.2 million in 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 the settlement was reasonable.

“If you think of it as an injury sustained while in that person’s vehicle, that totally falls under what an insurance company would be required to pay,” he said.

“Usually, passenger injuries are the result of a collision, or slamming the door with your fingers, that sort of thing. But while a lawsuit over the insured driver’s contracting an STD may be the first of its kind, this ruling shows that it is no exaggeration for someone to sue an insurance company for any actions that occur in a motor vehicle.’

“The lesson to be learned here is that people need to broaden the scope of what an injury is,” continued Custodio. “Most people wouldn’t think contracting this disease is an injury sustained in a vehicle – although it definitely is.”

GEICO filed motions asking for a rehearing of the evidence and the annulment of the award, saying that the judgment violated the company’s rights to due process and that the arbitration agreement was unenforceable.

Court documents reveal that the three-judge panel found that the lower court did not err in denying the company’s motions.

They said GEICO had no right to ‘relink these issues’ after damages were determined and a judgment was made.

“All GEICO appeals have been denied and they are not allowed to rebind where a judgment has already been made,” Custodio told DailyMail.com, saying insurers should be studying this case closely.

“I hope they already have an army of lawyers reviewing their contracts and planning ways to avoid these kinds of claims in the future.”

“The entire insurance industry will certainly be looking into this case because it could have ramifications in all kinds of situations. For example, what if someone catches HIV from their partner in their home, and the partner doesn’t disclose their medical condition – can you get home insurance for that?’

“I anticipate that we will all be receiving notifications of changes to our insurance policies in the near future,” he concluded.

Geico vs.  MO in Missouri Court of Appeals - Page 1

Geico vs. MO in Missouri Court of Appeals – Page 1

Geico vs.  MO in Missouri Court of Appeals - Page 2

Geico vs. MO in Missouri Court of Appeals – Page 2

Leave a Reply

%d bloggers like this: