Her ex-car partner’s insurance company has agreed to pay out $5.2 million to a Missouri woman who claimed she contracted an STD after having sex with her boyfriend while riding in his car.
Court of Appeals upheld the multimillion-dollar payout against the Geico lawsuit that was entered through arbitration after the insurance company claimed errors were made in Jackson County Circuit Court, the Kansas City Star reported.
Geico was notified in February 2021 by the woman, known as M.O. in court documents, that she planned on suing for damages after she allegedly contracted HPV from her then-beau in his car while riding in the backseat.
When he was aware of his condition and the dangers of unprotected sex, she claimed he caused her to contract the STD. The HPV infection was “directly caused or directly contributed to” by the couple’s sex in the car, according to a later arbitrator’s ruling.
According to the news outlet, the man was found liable for failing to disclose his infection, and as a result, Geico awarded the woman $5.2 million.
However, the insurer’s request for the award to be overturned was denied, and it has now appealed the decision.
As the three-judge panel ruled on Tuesday, Geico had no right to “relitigate those issues” because the lower court had denied its motions to reconsider. As one judge put it: “existing law relegates the insurer to the status of a bystander.” Another judge agreed but said the company was given “no meaningful opportunity to participate” in the lawsuit.