The Missouri Supreme Court squelched one of the more unusual auto insurance claims Tuesday when it ruled that a woman who contracted a sexually transmitted disease after contactors in a Hyundai Genesis insured by GEICO could not recover damages from the insurance company.
The intimate meetings between the unnamed consenting adults took place in November and December 2017, according to the ruling.
The woman contracted HPV from the man, who allegedly knew he was infected, and wrote to GEICO demanding that it pay the bodily injury limit to compensate her. GEICO denied coverage, saying it should only be on the hook for damages arising “out of the ownership, maintenance or use”; of the car, court papers say.
Separately, the husband and wife agreed to arbitrate with a provision that the wife would only pursue GEICO for any damages awarded to her. The arbitrator awarded the woman $5.2 million. A lower court affirmed the award and denied GEICO’s attempt to intervene.
Because GEICO had the right to intervene before judgment, the state Supreme Court overruled the lower court and an appeals court and remanded the case.