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At least half of that statement is demonstrably true. Maybe all of it. Because this week the Missouri Court of Appeals upheld a decision to award a Jackson County woman US$5.2 million in damages and injuries after she contracted human papillomavirus (HPV) during a sexual episode in her partner’s vehicle, which was insured by the company.
The case began in February 2021 with the woman (referred to as M.O.) filing a petition to Geico alleging that her partner caused or “contributed to cause to be infected with HPV by not taking proper precautions and neglecting to inform and/or disclose his diagnosis,” court documents detail. The petition went on to claim the partner’s “insurance policy provided coverage for her injuries and losses.”
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A month later, Geico denied coverage and refused a settlement with the woman, which sent the case to an arbiter who decided, according to the filing, that “there was sexual activity in (insured’s) automobile” which “directly caused, or directly contributed to cause” the woman to contract HPV, and that her former partner was aware of his condition and purposely withheld the information.
It was when the arbiter agreed with the woman and signed off on the US$5.2 million in damages that Geico seemed to get serious and send the case back to the court of appeals claiming it wasn’t given “meaningful opportunity to defend its interests.”
But the appeal court disagreed, writing in its opinion that “Geico did have the opportunity to participate and defend its interests — including the ability to challenge liability and damages — by entering a defense of Insured.”
Despite the appeals court stating that Geico does not have the right to “re-litigate,” the international insurer told CBS MoneyWatch that it has filed a federal lawsuit in the U.S. District Court for the Western District of Missouri that will determine “whether there is coverage for this matter.”
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