A team of three Missouri Court of Appeals judges on Tuesday upheld a Jackson County court ruling that upheld a referee’s finding that the woman was entitled to the award. However, Maryland-based Geico has filed a federal lawsuit arguing that the woman’s claim is not covered by the man’s insurance policy. The company said in an email on Thursday that the lawsuit would determine whether “there is coverage in this matter”. According to court documents, the woman, who was identified as M.O., and a man, who was in a relationship, had sex in the man’s car. She claims she contracted the HPV virus, the human papillomavirus, because the man did not tell her he had the disease. HPV can cause cervical cancer, some other cancers and genital warts. In February 2021, the MO informed Geico that it planned to seek $ 1 million in insurance against the man. She claimed that the man’s car insurance provided coverage for her injuries and losses. The insurance company refused the settlement offer, saying that the woman’s claim did not arise due to the normal use of the vehicle, according to court documents. An arbitrator eventually ruled that she should be awarded $ 5.2 million in damages and injuries. He then filed a lawsuit in Jackson County Court seeking confirmation of the award. Geico claimed that she did not know that the man and the woman had entered an arbitration and, when she found out, she tried to intervene in the court case. The company argued that the arbitral award was reached through collusion and fraud, violated its rights in due process and was not enforceable. The lower court rejected Geico’s claims and upheld the award, prompting the insurance company to appeal because it said it did not have a “substantial opportunity” to defend its interests, according to court documents. The appellate court found that Geico had no right to “reconsider” the issues after the award was ratified.
