By David K. Li -
NBC News
US auto insurance company Geico Geico must pay $5.2 million in damages to a Missouri woman who contracted human papillomavirus (HPV) while having unprotected sex with her then-boyfriend in his insured car, according to a state appellate court has ruled.
In an opinion published Tuesday, the Court of Appeals for the Western District of Missouri upheld the million-dollar payout against the insurance company, best known for its ubiquitous television commercials that frequently feature a talking gecko.
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The woman – identified in court documents only as “MO” – said she “engaged in unprotected sexual activity in the Insured’s vehicle” in November and December 2017 and that he “negligently caused or contributed” to her contracting the human papillomavirus (HPV), a common sexually transmitted infection, according to court documents.
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After Geico denied his claim, MO took the matter to an arbitrator, who ruled in his favor before a court affirmed the $5.2 million judgment, according to the appeals court.
Geico appealed, claiming that he never had a chance to contest the claim.
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“But GEICO did have an opportunity to participate and defend its interests — including the ability to contest liability and damages — in presenting the insured's defense,” according to the appeals court ruling, which puts the word “did” in bold. and cursive.
The insurance company "has no right to re-litigate those issues" on appeal, the court clarified.
The Chevy Chase, Maryland-based company said in a statement Thursday that the case will ultimately be resolved in federal court.
Geico poster. Gene J. Puskar / AP
In federal court documents, Geico has said he never had any responsibility to defend the boyfriend, identified only as "MB," because he should be on the hook only for damages that come "from ownership, maintenance, or use." of the car”.
“MO's alleged damages have nothing to do with the ownership, maintenance, or covered use of the 2014 Hyundai Genesis,” the company argued in a federal court filing last year.
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“In other words, the covered use of the vehicle did not cause MO's alleged injuries;
instead, his injuries arose from an intermediate cause, namely his failure to prevent STD transmission by having unprotected sex," they added.
