Page 14 - IAV Digital Magazine #548

Missouri Woman Says She Caught STD In Car. Auto Insurance To Pay Out $5.2 Millions
iAV - Antelope Valley Digital Magazine
Bill Lukitsch, The Kansas City Star
KANSAS CITY, Mo. — The Missouri Court of Appeals has affirmed that an insurance compa- ny must pay a $5.2 million settle- ment granted to a Jackson County woman who claimed she unwittingly caught a sexually trans- mitted disease
from her former romantic partner in his car.
In an opinion issued Tuesday, a three-judge panel found that the judgment entered against GEICO General Insurance Company through earlier arbitration proceedings was valid. The insur- ance companies sought to undo
the action, claim- ing errors were made in Jackson County Circuit Court and the set- tlement agree- ment was not done in line with Missouri law.
According to court papers, the woman, identified in court records only as M.O., notified GEICO in February 2021 of her intention to
seek monetary damages, alleging she contracted HPV, the human papillomavirus, from an insured member in his automobile. She contended the man caused her to be infected with the STD despite being aware of his condition and the risks of unpro- tected sex.
The insurance
company declined the settlement, sending the case to arbitration.
In May 2021, the arbitrator found that the man and woman had sex inside his vehicle that “directly caused, or direct- ly contributed to cause” the HPV infection. The man was found liable for not dis- closing his infec- tion status and the woman was awarded $5.2 mil- lion for damages and injuries to be paid by GEICO.
The insurance company filed motions seeking a new hearing of the evidence and for the award to be tossed out, saying the judg- ment violated the company’s rights to due process and the arbitration agreement was unenforceable.
The company appealed after those requests were denied.
The three-judge panel tasked with reviewing the case found that the lower court did not make a mistake by deny- ing the company’s motions, saying GEICO did not have a right to “relitigate those issues” once damages had been determined and a judgment was entered.
Judge Tom Chapman con- curred in a sepa- rate opinion, though, saying he believes GEICO was offered “no meaningful oppor- tunity to partici- pate” in the law- suit and existing law “relegat(es) the insurer to the status of a bystander.”
iAV - Antelope Valley Digital Magazine