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Court rules Geico to pay $5.2 million to woman who caught STD in car Login/Join 
Lawyers, Guns
and Money
Picture of chellim1
posted Hide Post
quote:
Originally posted by Paten:
It doesn't say in the article that she knew the guy had HPV. It says the guy knew and had unprotected sex anyway.

Insurance policies typically do not provide coverage for an insured's intentional, harmful acts. Coverage is excluded where the insured's acts were intended.

For this reason, I think they got it wrong in this case.



"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
-rduckwor
 
Posts: 24859 | Location: St. Louis, MO | Registered: April 03, 2009Reply With QuoteReport This Post
eh-TEE-oh-clez
Picture of Aeteocles
posted Hide Post
There's more to it somewhere. Nobody's personal injury limit is 5.2 million.

5.2 million means there's got to be some bad faith or misconduct on Geico's part to support that award.
 
Posts: 13067 | Location: Orange County, California | Registered: May 19, 2002Reply With QuoteReport This Post
Don't Panic
Picture of joel9507
posted Hide Post
Maybe the exposure isn't just car coverage.

Does Geico sell liability umbrella policies?
 
Posts: 15235 | Location: North Carolina | Registered: October 15, 2007Reply With QuoteReport This Post
"Member"
Picture of cas
posted Hide Post
3 million was for the HVP, the other 2.2 was for pain and suffering from all those stupid commercials.
 
Posts: 21501 | Location: 18th & Fairfax  | Registered: May 17, 2003Reply With QuoteReport This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
Around 50% of sexually active people have HPV. There's not a chance that they are able to prove she got it from this guy unless she had a pelvic exam done an hour before she banged him and has provably been abstinent since then. Hopefully GEICO appeals this and she's told to go pound sand.

But, as I stated in the other thread where I posted this, it's crap like this that raises the rates for everyone.


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 20998 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
Unless the guy was carrying $5 million in liability coverage, why would GEICO have to shell out that amount of money. Seems they would be limited to the maximum amount of liability coverage under the policy provisions.

If this holds water, insurance premiums on lability coverage HO, Renters, Car etc will go through the roof if insurers can be forced to pay out amounts greater than the amount contracted for by the person buying coverage.

Basically means the limit of liability on the policy is meaningless.

Arbitration or mediation got it wrong if they awarded payment greater than the maximum contracted for, unless the Gekko was the one in the back seat banging her with the STD don't see how this could stand.

He may be liable for damages from non disclosure of a known transmittable disease, don't see how insurance company would be liable for more than the policy limits. Anything awarded over the policy limits would be his responsibility.

Maybe he has auto, home coverage and an umbrella with GEICO combined liability limit that's higher.
 
Posts: 24659 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Member
posted Hide Post
"Introducing Geico's Safe Sex coverage. Save 15% on car insurance by wearing a condom. Ask you agent for details. Geico dot com."


P229
 
Posts: 3975 | Location: Sacramento, CA | Registered: November 21, 2008Reply With QuoteReport This Post
probably a good thing
I don't have a cut
posted Hide Post
 
Posts: 3542 | Location: Tampa, FL | Registered: February 09, 2002Reply With QuoteReport This Post
Member
Picture of CQB60
posted Hide Post
That lil gecko was about to go rogue..


______________________________________________
Life is short. It’s shorter with the wrong gun…
 
Posts: 13872 | Location: VIrtual | Registered: November 13, 2009Reply With QuoteReport This Post
Wait, what?
Picture of gearhounds
posted Hide Post
The guy is a scum bag if he knew he had the bug before screwing her, but I still can’t wrap my head around any judge finding an insurance company liable for damages in the first place. The guy shouldn’t be sitting on the bench ANYWHERE.




“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
 
Posts: 15985 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
Member
Picture of dan03833
posted Hide Post
quote:
Originally posted by ensigmatic:
How the hell can a car insurance company be responsible for somebody contracting an STD due to having sex in the car? That's just fracking insane.


The same way Daniel Defense is responsible for some psycho using thier products for illegal purposes
 
Posts: 1549 | Location: Rhode Island | Registered: February 15, 2007Reply With QuoteReport This Post
Drill Here, Drill Now
Picture of tatortodd
posted Hide Post
quote:
Good on the Missouri Supreme Court. Thanks for the update.



Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
 
Posts: 23942 | Location: Northern Suburbs of Houston | Registered: November 14, 2005Reply With QuoteReport This Post
Needs a check up
from the neck up
Picture of Timdogg6
posted Hide Post
Remember UM/UIM coverage in most states arises out of the use or operation of a vehicle. What is use, most states say touching the car is use.

So if your pumping gas and touching the car, that is use, so your coverage applies if you are hit by a uninsured car driving by you that hits you.

I just didn't think touching would also include ya know touching......


__________________________
The entire reason for the Second Amendment is not for hunting, it’s not for target shooting … it’s there so that you and I can protect our homes and our children and and our families and our lives. And it’s also there as fundamental check on government tyranny. Sen Ted Cruz
 
Posts: 5210 | Location: Boca Raton, FL The Gunshine State | Registered: July 30, 2002Reply With QuoteReport This Post
Member
Picture of Ozarkwoods
posted Hide Post
quote:
Originally posted by ensigmatic:
How the hell can a car insurance company be responsible for somebody contracting an STD due to having sex in the car? That's just fracking insane.


Sounds like an accident involving his car to me! Big Grin


ΜΟΛΩΝ ΛΑΒΕ
 
Posts: 4907 | Location: SWMO | Registered: October 20, 2009Reply With QuoteReport This Post
Caribou gorn
Picture of YellowJacket
posted Hide Post
quote:
Originally posted by tigereye313:
So had it been in the guy's house would the same apply to the homeowners insurance? Insane, and sets a dangerous precedent.

bundle and save



I'm gonna vote for the funniest frog with the loudest croak on the highest log.
 
Posts: 10652 | Location: Marietta, GA | Registered: February 10, 2009Reply With QuoteReport This Post
Lawyers, Guns
and Money
Picture of chellim1
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This case was unusual in that the claim for $1M (the policy limit) was filed with GEICO which quite naturally they denied as it had nothing to do with the normal operation or use of the vehicle. The claimant then entered into arbitration (non-adversarial) with the vehicle owner and the two agreed on a $5.2M settlement of which none was to come from the personal assets of the vehicle owner as was part of the agreement. Then the claimant filed a petition for damages in the circuit court also notifying GEICO of the arbitration agreement at the same time. GEICO claimed that they only learned of the filing due to their monitoring of court cases. The trial court entered judgement for the claimant based upon the arbitration agreement werein the vehicle owner agreed to be liable for a claim of $5.2M but with a caveat that his own personal liability was limited. GEICO filed for a new trial and a motion to vacate the $5.2M which was denied by both trial and appellate courts. Apparently, the MO Supreme Court saw through the charade.



"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
-rduckwor
 
Posts: 24859 | Location: St. Louis, MO | Registered: April 03, 2009Reply With QuoteReport This Post
quarter MOA visionary
Picture of smschulz
posted Hide Post
quote:
Originally posted by ensigmatic:
How the hell can a car insurance company be responsible for somebody contracting an STD due to having sex in the car? That's just fracking insane.


Just another example of lawyers and their true thieving nature at work.
 
Posts: 23408 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
Member
Picture of hjs157
posted Hide Post
quote:
Originally posted by chellim1:
This case was unusual in that the claim for $1M (the policy limit) was filed with GEICO which quite naturally they denied as it had nothing to do with the normal operation or use of the vehicle. The claimant then entered into arbitration (non-adversarial) with the vehicle owner and the two agreed on a $5.2M settlement of which none was to come from the personal assets of the vehicle owner as was part of the agreement. Then the claimant filed a petition for damages in the circuit court also notifying GEICO of the arbitration agreement at the same time. GEICO claimed that they only learned of the filing due to their monitoring of court cases. The trial court entered judgement for the claimant based upon the arbitration agreement werein the vehicle owner agreed to be liable for a claim of $5.2M but with a caveat that his own personal liability was limited. GEICO filed for a new trial and a motion to vacate the $5.2M which was denied by both trial and appellate courts. Apparently, the MO Supreme Court saw through the charade.


Am I to understand the claimant and the insured worked together in an attempt to collect damages through somewhat nefarious means? Given the fact my auto insurance carrier gave me grief over a comprehensive claim involving a collision with wildlife, I find all of this most remarkable. Can someone please clarify? Thanks!
 
Posts: 3606 | Location: Western PA | Registered: July 20, 2010Reply With QuoteReport This Post
Lawyers, Guns
and Money
Picture of chellim1
posted Hide Post
Apparently GEICO didn't find out about the claim until AFTER the arbitration agreement between the parties. So... they didn't have a proper opportunity to defend.



"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
-rduckwor
 
Posts: 24859 | Location: St. Louis, MO | Registered: April 03, 2009Reply With QuoteReport This Post
Member
Picture of hjs157
posted Hide Post
quote:
Originally posted by chellim1:
Apparently GEICO didn't find out about the claim until AFTER the arbitration agreement between the parties. So... they didn't have a proper opportunity to defend.


So if I understand correctly, GEICO denied an initial claim of $1M in damages. The claimant then entered into an arbitration process with the insured - both of whom agreed upon a $5.2M settlement. Subsequently, the $5.2M settlement was upheld by the circuit court - all without GEICO's knowledge or involvement.
 
Posts: 3606 | Location: Western PA | Registered: July 20, 2010Reply With QuoteReport This Post
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