Thursday, June 09, 2022

this changes the insurance world... the Missouri Court of Appeals ordered Geico to pay a woman $5.2 million in damages after being infected with HPV during intimate activities that took place in an insured personal vehicle.

the woman initiated a claim with Geico in February 2021 after learning that she'd contracted the sexually transmitted infection from a partner who knew but did not disclose his status. Since the incident in question happened in her partner's car, she argued that his liability insurance was responsible for damages.

A settlement was reportedly offered to Geico, and Geico's lawyers declined, sending the case to arbitration. 

Here's the important part, arbitration did not go their way. 

The woman's partner was found liable and the arbitrator approved an award of $5.2 million in damages to be paid out by the insurer despite requests by Geico for a new hearing. The insurance company appealed to the courts on several grounds, claiming that the process denied it the ability to have its day in court.

The insurance company filed motions seeking a new hearing of the evidence and for the award to be tossed out, saying the judgment violated the company’s rights to due process and the arbitration agreement was unenforceable.
              
Did you see that? ARBITRATION which the insurance companies rely on to get their way, and screw over the customers, DID NOT work for the insurance company! AND THEY CLAIM FOUL PLAY!

In May 2021, the arbitrator found that the man and woman had sex inside his vehicle that “directly caused, or directly contributed to cause” the HPV infection. The man was found liable for not disclosing his infection status and the woman was awarded $5.2 million for damages and injuries to be paid by GEICO. 

A three-judge panel found that the judgment entered against GEICO General Insurance Company through earlier arbitration proceedings was valid.

The three-judge panel tasked with reviewing the case found that GEICO did not have a right to “relitigate those issues” once damages had been determined and a judgment was entered.

In a related federal court case, GEICO is contesting the idea that the claim is covered under its insurance policy. The outcome of that case would determine whether the company has to actually pay the settlement.

1 comment:

  1. nice to see that arbitration works against big companies for once, although they wont pay out anywhere near that amount, since its unlikely that their policy limits were anywhere near that high.
    most people only have their states minimum , which in some states is as low as $10K

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