A Missouri woman who claimed she caught a sexually transmitted disease when she had sex with her boyfriend in his vehicle has been awarded a $5.2 million settlement from her now-ex-partner’s car insurance company.
The state Court of Appeals on Tuesday affirmed the multimillion-dollar payout against Geico that had been entered through arbitration after the company claimed errors were made in Jackson County Circuit Court, the Kansas City Star reported.
Geico has decided to contest the decision in federal court, arguing that the claim is not covered under the policy.
In February 2021, the woman — identified in court papers as M.O. — informed Geico of her intention to seek damages after she allegedly contracted HPV, the human papillomavirus, from her then-beau in his car.
She claimed he caused her to catch the STD when he knew of his condition and the risks of unprotected sex.
An arbitrator later found that the couple’s sex in the vehicle “directly caused, or directly contributed to cause” the HPV infection.
The woman was awarded the $5.2 million from Geico after the man was found liable for not disclosing his infection, according to the news outlet.
The insurer asked for the award to be tossed out, claiming the judgment violated its rights to due process, but its request was denied and it appealed.
On Tuesday, the three-judge panel found that the lower court did not err by denying Geico’s motions, saying the company did not have a right to “relitigate those issues.”
One of the judges concurred but said the company was offered “no meaningful opportunity to participate” in the lawsuit and existing law “relegat(es) the insurer to the status of a bystander.”
The Post has reached out to Geico for comment.