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Please explain how they can find for the plaintiff in this

Posted on 6/8/22 at 4:30 pm
Posted by Geekboy
Member since Jan 2004
5038 posts
Posted on 6/8/22 at 4:30 pm
This makes ZERO sense. How is this in any way possible? I’m not an insurance fan at all but this is fricking crazy.

quote:

Geico ordered to pay $5.2M to woman who got HPV in a car


LINK
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 6/8/22 at 4:37 pm to
Who the hell carries $5.2 million in automobile insurance?
Posted by DamnGood86
Member since Aug 2019
956 posts
Posted on 6/8/22 at 4:37 pm to
How many people have auto liability coverage of $5-million? I would guess very, very few.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 6/8/22 at 5:08 pm to
Arbitration. That's how.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 6/8/22 at 5:09 pm to
quote:

Who the hell carries $5.2 million in automobile insurance?


It is probably 5 million over 200,000.

A lot of people do.
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12126 posts
Posted on 6/8/22 at 5:13 pm to
quote:

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.

Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
66137 posts
Posted on 6/8/22 at 5:16 pm to
quote:

Please explain how
Posted by Havoc
Member since Nov 2015
28896 posts
Posted on 6/8/22 at 5:17 pm to
Got nailed in arbitration. That’s freakin crazy.
Posted by Olderthandirt
Member since May 2022
559 posts
Posted on 6/8/22 at 5:24 pm to
Shakespeare had it right in Henry VI, Part 2, Act IV, Scene 2.
Posted by Purplehaze
spring, tx
Member since Dec 2003
1846 posts
Posted on 6/8/22 at 5:28 pm to
It is due to those crappy commercials
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
26034 posts
Posted on 6/8/22 at 5:31 pm to
quote:

How many people have auto liability coverage of $5-million? I would guess very, very few.


There was a million in policy limits but Geico got hung for the full amount I am assuming as a result of a finding of bad faith etc.
Posted by Ronaldo Burgundiaz
NWA
Member since Jan 2012
6586 posts
Posted on 6/8/22 at 5:36 pm to
I bet she got gonorrhea from a tractor too.
Posted by idlewatcher
County Jail
Member since Jan 2012
79574 posts
Posted on 6/8/22 at 5:43 pm to
Now Err’one knows she has HPV
Posted by danilo
Member since Nov 2008
20432 posts
Posted on 6/8/22 at 5:46 pm to
quote:

Now Err’one knows she has HPV

Doesn’t everyone?
quote:

In the United States, about 42% of adults ages 18-59 years have genital human papillomavirus (HPV) infections and about 7% have oral HPV. Experts estimate 80% of sexually active people are infected.

quote:

HPV is the most common STI. There were about 43 million HPV infections in 2018, many among people in their late teens and early 20s
This post was edited on 6/8/22 at 5:48 pm
Posted by TigerinATL
Member since Feb 2005
61645 posts
Posted on 6/8/22 at 5:48 pm to
quote:

Since the incident in question happened in her partner's car, she argued that his liability insurance was responsible for damages.


With this kind of logic, I wonder how much money can you get for getting pregnant in a car?
Posted by HeadSlash
TEAM LIVE BADASS - St. GEORGE
Member since Aug 2006
50054 posts
Posted on 6/8/22 at 5:52 pm to
quote:


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.


Old baw responsible
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
26034 posts
Posted on 6/8/22 at 5:52 pm to
quote:

Now Err’one knows she has HPV


The is identified as M.O. in the court proceedings.

Posted by Basura Blanco
Member since Dec 2011
8542 posts
Posted on 6/8/22 at 5:57 pm to
quote:

The is identified as M.O. in the court proceedings.


Geico should make a check out to M.O. and see if she can cash it.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63421 posts
Posted on 6/8/22 at 6:02 pm to
I wonder if John Deere ever caught the bill for the gonorrhea incident.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
26034 posts
Posted on 6/8/22 at 6:15 pm to
quote:

quote:

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.


Old baw responsible


That is the key to finding him to be a tortfeasor. If the tort occurred in his car and he has liability insurance on his car without language that prevents recover for this then they would be on the hook. Since the insurance contract almost always is a result of unilateral drafting it would always be construed against the drafter in this case Geico. They left a hole for a very unusual fact pattern to slip through. This happens all the time and is the reason insurance contracts are so long and full of tons of boilerplate.

I would think the big issue is the proximate cause. I would assume there was a showing that she did not have HPV prior and did after. The transmission sex would need a showing that it did indeed occur in the car. Easier if they only had sex in the car and without knowing the facts presented that is likely.
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