A court in Missouri (United States) ruled in favor of a woman who claimed that contracted a sexually transmitted disease (STD) when he had sex with his ex-partner in his vehicle.
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The Court of Appeals of that state confirmed on Tuesday a $5.2 million judgment against Geico, the second-largest auto insurance company in the countryafter the company appealed an arbitration decision in favor of the woman.
The origin of the problem was in 2017 when the woman had sex with her partner at the time in a 2014 Hyundai Genesis, which was covered by the insurance company, according to a 2021 complaint.
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A year after the events, in 2018, MO —as the woman is identified in the complaint— found out that she had contracted the human papillomavirus (HPV). She claimed that the man she had sex with knew she had HPV, but did not tell him, for which she had to assume “medical and future expenses” and “mental and physical pain and suffering”, according to the media new york post.
The woman informed Geico, the insurance company, which brought legal action against the man in which noted that he was infected through “negligence” and that “his partner’s car insurance policy at the time should cover his injuries”. According to the complaint, she initially asked for a million dollars.
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Geico denied the woman’s claim and denied coverage for what happened. The case went to arbitration and an arbitrator concluded that the man had negligently infected her, so awarded damages of 5.2 million dollars to the person involved, which had to be paid by the insurer.
The company requested annulment, arguing that the ruling violated its right to due process, but the request was denied. For this reason, Geico appealed.
This week, the Missouri court ruled in a ruling that Geico lacked legal grounds to appeal on several points. The judges found that the company lost the opportunity to participate and defend its interests when the woman contacted her to claim for the insurance policy, but “she did not take advantage and denied the coverage and refused to defend the insured,” according to a CBS review.
They also emphasized that “I had no right to re-litigate the issues” after an arbitrator confirmed in a trial that there was liability and damages.
TIME
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