DAFTAR ISI :
The Missouri Court of Appeals backs a woman who won a $5.2 million award against GEICO in a case that focused on a unique car damage claim: The woman said she contracted a sexually transmitted disease in a Hyundai car. sedan whose owner was insured by GEICO.
The woman, identified in court documents as M.O. , is a man identified as M.B. , infected them with the human papillomavirus, or HPV, when they had unprotected sex on a 2014 Hyundai Genesis.
He said the man was negligent in not telling him about his health diagnosis, even though he had a cancerous tumor in his throat that was confirmed to be HPV.
GEICO informed the woman that the auto insurance coverage was invalid because “the claims claimed do not arise from normal use of the vehicle.”
How did we get here?
The affair took place at the end of 2017. Since his car was then covered by GEICO, M.O. The company said it was required to reimburse him for contracting HPV from the owner in the car, citing medical expenses and his pain and suffering.
The two signed an arbitration agreement in March 2021 and agreed to resolve their dispute. About two months later, an arbitrator awarded M.O. $5.2 million, saying the amount “will provide him with fair and equitable compensation.”
MO went to court in Jackson County, Missouri, to enforce the arbitration award and won his case. GEICO then appealed to a higher state court.
The insurance giant said it was not given a chance to defend itself, in violation of its constitutional rights to a fair trial and access to justice. But in their rulings this week, two judges in the Western District of Missouri Court of Appeals said GEICO has a significant opportunity to act on its behalf.
The jury noted that M.O. I originally filed a claim with GEICO over a year ago. And in February 2021, the woman sent a copy of the lawsuit she will file with the company against the insured. At the time, he also offered to settle a $1 million claim. A third judge on the Appeals Committee agreed with the court’s ruling, but also said that GEICO had not been given a “real opportunity to participate in the litigation” prior to the ruling.
GEICO is also fighting for grand honors in Federal Court
MO now has three wins in Missouri. But in April 2021, GEICO filed a lawsuit against the two M.O. and MB in Federal Court, asked the court to rule that the insurance company was not liable for the HPV-infected woman, and that the company was not obligated to defend the man against the charges.
GEICO said car owners’ claims for coverage should be rejected because they are prohibited by a number of legal principles, including “fraud, conspiracy, illegality, laughter and unclean hands.”
But M.O. She said GEICO acted in bad faith by refusing to defend the car owner, despite numerous requests, and refusing to settle her claim. He said the man was “insured against personal liability arising from his negligence in actions relating to his vehicle,” which held GEICO liable.
The federal case is set for a grand jury trial and is currently scheduled to begin in a Kansas City courtroom in October. More than 100 map items have been created since GEICO filed its federal lawsuit over a year ago.
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