The woman, a Jackson County resident, said she contracted human papillomavirus (HPV) from her partner, according to court documents. On Tuesday, the Missouri Court of Appeals issued an opinion confirming the initial finding of the Jackson County Arbitration Court against GEICO.
In February 2021, the woman – anonymously identified in documents as the MO – filed a petition directly with GEICO. She alleges that her sexual partner negligently caused or “contributed to HPV infection by failing to take appropriate precautions and neglected to inform and / or disclose her diagnosis”, according to court documents, and that his insurance policy provided cover for her injuries and losses. “
She has made a final proposal for a $ 1 million agreement to settle her claims, the documents said.
In April 2021, GEICO rejected coverage and rejected its settlement proposal, according to a Missouri Court of Appeals. The case was then sent to an arbitrator.
The arbitrator determined that “there was sexual activity in the (insured) car” that “directly caused or directly contributed to causing” the woman to be infected with HPV, despite her ex-partner’s knowledge of his positive HPV diagnosis, according to the file.
The arbitrator later said that $ 5.2 million would fairly compensate the woman for the damage and injuries. GEICO then appealed against the confirmation of the arbitral award by the Jackson County District Court, arguing that the court had not given GEICO “a significant opportunity to defend its interests”, the document said.
The three-judge panel responsible for reviewing the appeal upheld the district court’s decision for a $ 5.2 million agreement, despite GEICO’s efforts to appeal, according to documents from Tuesday.
“At the time of Geico’s intervention, liability and damages were determined by an arbitrator and confirmed by the court of first instance. GEICO was not entitled to reconsider these issues, “the statement said.
The panel also wrote that Geico could have defended its interests by defending the insured person. “GEICO did not take advantage of this opportunity and instead refused coverage and refused to protect the insured,” the statement said.
CNN turned to both the woman’s lawyers and GEICO, but did not respond immediately.
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