The woman, referred to in court documents as simply MO, contracted the human papillomavirus, HPV, from her romantic partner while they had sex in the back of his Hyundai
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A woman has received a whopping £4.1million payout from a car insurance company – after catching an STD while having sex in the back of her partner’s Hyundai.
The woman, referred to in court documents as simply MO, said she contracted the human papillomavirus, HPV, from her romantic partner as they became lovers in the back of her car.
It was insured by GEICO General Insurance Company, and in February 2021 she let them know that she intended to seek compensation for the damages she had received from their client.
Court documents reveal the man knew he had HPV, as well as throat cancer, but continued to have sex with MO without informing her of the risks, which “directly caused or contributed to to cause” the infection.
Jackson County Circuit Court found the man liable and the woman won a £4.1million settlement, to be paid by her insurance company, GEICO.
What do you think of the legal battle? Let us know in the comments…
Court documents show that after the Jackson County Circuit Court ruled in favor of MO, GEICO took the case to the Missouri Court of Appeals to challenge the decision.
They claimed that the judgment violated their due process rights and that the settlement was unenforceable because Yahoo.com reports.
But a three-judge panel considered the case and concluded the result was valid and the insurance company should pay the £4.1million settlement.
The decision, from the Missouri Court of Appeals, reads: “After MO contracted anogenital human papillomavirus, she submitted a settlement offer to GEICO, claiming that the insured infected her with negligence with the disease during sexual intercourse in his automobile, and that the insured’s GEICO-issued automobile insurance policy covered his injuries and losses.
“…The arbitrator found that the insured was negligently infected with HPV and awarded her $5.2 million in damages.
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“…In 2017, MO and the Insured began a romantic relationship, effective at the time was an automobile insurance policy issued by GEICO to the Insured.
“On February 25, 2021, MO submitted to GEICO a copy of a petition it intended to file against the insured and made a final settlement offer to resolve its “claims against the insured for limits $1 million applicable”.
“The petition attached to the settlement offer alleged that during “November and early December 2017”, the insured and MO engaged in unprotected sexual activity in the insured’s vehicle, and during those sexual encounters, the insured “negligently caused or contributed to MO becoming infected with HPV by failing to take proper precautions and neglecting to inform and/or disclose his diagnosis”, although “he knowledge of his condition.
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Addressing the Daily mailLos Angeles personal injury attorney Miguel Custodio said: “If you think of it as an injury sustained in that person’s vehicle, it is totally within what an insurance company would be required to pay.
“Usually passenger injuries are the result of a collision or the door being slammed on the fingers, that sort of thing. But while a lawsuit for contracting an STD from the insured driver may be the first of its kind , this award shows that it is no exaggeration for someone to file a claim against an insurance company for any action occurring in a motor vehicle.
“The lesson here is that people need to broaden the scope of what an injury is. Most people wouldn’t think of getting this disease as an injury sustained in a vehicle – although it is.”
GEICO has been approached for comment.
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