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re: Woman gets STD from boyfriend after car sex, Geico ordered to pay $5.2 million

Posted on 6/8/22 at 10:10 pm to
Posted by LRB1967
Tennessee
Member since Dec 2020
23173 posts
Posted on 6/8/22 at 10:10 pm to
So if the woman gets pregnant in the car does Geico have to pay child support?
Posted by BPTiger
Atlanta
Member since Oct 2011
6219 posts
Posted on 6/8/22 at 10:13 pm to
Crawfish prices about to sky rocket.
Posted by Zarkinletch416
Deep in the Heart of Texas
Member since Jan 2020
8689 posts
Posted on 6/8/22 at 10:34 pm to
Yep, we have become third world.

Posted by go ta hell ole miss
Member since Jan 2007
14682 posts
Posted on 6/8/22 at 10:43 pm to
quote:

This is spilling hot McDonald's Coffee lawsuit territory.


This is blowing that out of the water. Home owners insurance claims will be next in this line of claims.
Posted by go ta hell ole miss
Member since Jan 2007
14682 posts
Posted on 6/8/22 at 10:45 pm to
quote:

This is going to open an enormous Pandora's Box for insurance companies everywhere.


They will start having exclusions for this going forward. It’s just the. Urgent policies and Thise within the statute of limitations that will be a headache for insurance companies.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30523 posts
Posted on 6/8/22 at 10:48 pm to
quote:

They effectively concluded any STD obtained in a car or home is subject to litigation with insurance companies even though they had no liability for such cases.


First, it isn't a legal precedent just the determination of one arbitrator in binding arbitration. It is just a loophole every insurance company will close ASAP and limit the types of torts they are responsible for under their policy.

The arbitrator found the policyholder to have committed a tort due at least in part to his lack of disclosure. The plaintiff was able to show under the civil burden of proof she contracted it from the defendant in his car. The insurance contract, at least in the eyes of the arbitrator, was not found to exclude this type of tort. The insurance company may be on the hook for the entire amount including what is above their policy limits based on bad faith or other mechanisms. In some states, if an insurance company refuses a settlement offer within the policy limits they can then be on the hook for the full amount of a verdict or in this case the finding of an arbitrator.

Moral of the story if you are aware you have any form of dick rot disclose it to a would be partner or you may be civilly responsible for passing it on to someone.
Posted by biglego
San Francisco
Member since Nov 2007
84759 posts
Posted on 6/8/22 at 10:53 pm to
quote:

So it’s legitimate? You don’t know the details of that case except it was “hot coffee”, do you? Ignorant


I swear to god, no matter how many times the hot coffee case is explained, people will still cite it as a frivolous lawsuit example.
Posted by nola tiger lsu
Member since Nov 2007
7382 posts
Posted on 6/8/22 at 11:00 pm to
quote:

You don’t know the details of that case except it was “hot coffee”, do you? Ignorant


It is amazing how many ppl have actually no understanding of how that McDonalds lawsuit turned out or the facts of the case.
This post was edited on 6/8/22 at 11:01 pm
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 6/8/22 at 11:06 pm to
Sounds like sloppy language in the policy and compelling evidence submitted to the arbitrator.

Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
60100 posts
Posted on 6/8/22 at 11:08 pm to
quote:

Usually, injuries to passengers are the result of a collision, or slamming the door on one's fingers, that sort of thing. But while a lawsuit over contracting an STD from the insured driver may be the first of its kind, this award shows that it's not a stretch for someone to file against an insurance company for any actions occurring in a motor vehicle.'


lol what??
Posted by TacoNash
Member since Mar 2020
715 posts
Posted on 6/8/22 at 11:25 pm to
quote:

It is amazing how many ppl have actually no understanding of how that McDonalds lawsuit turned out or the facts of the case.


Imagine parroting the corporate propaganda of McDonald’s for all these years
Posted by Irregardless
Member since Nov 2021
2239 posts
Posted on 6/8/22 at 11:29 pm to
This isn’t true. Geico doesn’t offer policies that high.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30523 posts
Posted on 6/8/22 at 11:32 pm to
quote:

Imagine parroting the corporate propaganda of McDonald’s for all these years


Be honest, how much do you actually know about the facts of the case?
Posted by adamau
Member since Oct 2020
4305 posts
Posted on 6/8/22 at 11:33 pm to
You will see him on TV any given Sunday
Win the Super Bowl and drive off in a Hyundai
She was supposed to buy your shorty Tyco with your money
She went to the doctor, got lipo with your money
She walkin' around lookin' like Michael with your money
Shoulda got that insured, Geico for your money
Posted by ChickennBiscuits
San Francisco
Member since Nov 2019
361 posts
Posted on 6/8/22 at 11:38 pm to
And here I thought I was fully covered with a $1 million umbrella policy.
Posted by TacoNash
Member since Mar 2020
715 posts
Posted on 6/8/22 at 11:39 pm to
quote:

Be honest, how much do you actually know about the facts of the case?


I remember she was hospitalized for about a week and required skin grafting. She also required medical care for several years after.

She original sued for much smaller amount but McDonald’s refused the settlement.

This I can’t say is 100% fact but it seems McDonald’s ran a smear campaign against her saying this is a prime example of frivolous lawsuit.

ETA I can’t remember how hot the coffee was but it was much hotter than any other McDonald’s served in the surround area
This post was edited on 6/8/22 at 11:45 pm
Posted by Westbank111
Armpit of America
Member since Sep 2013
4592 posts
Posted on 6/8/22 at 11:41 pm to
My thoughts as the insurance company’s attorney would be “1. Prove that you received the STD from this guy 2. And then prove that you got it from him in the car itself”

It’s unprovable! This is BS & GEICO has to hire a new legal team, no way this is legit, but in todays world, anything insane is possible
Posted by Irregardless
Member since Nov 2021
2239 posts
Posted on 6/8/22 at 11:47 pm to
quote:

during consensual and contractual arbitration. You people have no idea what you’re reading or saying


There are abuses in arbitrations that get tossed often. Giving some skank 5 million for getting fricked in a car subject to - 30k policy is laughable.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30523 posts
Posted on 6/8/22 at 11:49 pm to
quote:


I remember she was hospitalized for about a week and required skin grafting. She also required medical care for several years after. ...


First, whether my post suggested it or the opposite I agree that this was not a frivolous action. It was for a long time the poster child for frivolous lawsuits and I have always been interested in how much people actually knew about the case no matter what side they were on. It generally boils down to the less they know about the case the more likely they are to be on McDonald's side or at least the frivolous side.
Posted by TacoNash
Member since Mar 2020
715 posts
Posted on 6/8/22 at 11:55 pm to
quote:

First, whether my post suggested it or the opposite I agree that this was not a frivolous action. It was for a long time the poster child for frivolous lawsuits and I have always been interested in how much people actually knew about the case no matter what side they were on. It generally boils down to the less they know about the case the more likely they are to be on McDonald's side or at least the frivolous side.



McDonald (or whoever) had a really easy narrative to push to the public and it was highly effective. What I want to go back and see is if this narrative was pushed during the litigation or afterwards for damage control
This post was edited on 6/8/22 at 11:56 pm
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