Posted on 06/08/2022 6:36:53 AM PDT by grundle
Oh ok,I read it wrong. Looked like,it was saying that she was aware
Wasn’t there a Seinfeld episode where the girlfriend wouldn’t explain “The Tractor Story”; which was actually she claimed to catch a venereal disease from a tractor seat?
“Arbitration” is the operative principle here.
As soon as you agree to it, stare decisis no longer applies.
And I couldn’t get All State to pay off a $1,200 claim from a parking lot incident where one of their insured backed into my car. And said right on the spot to me and a witness that it was his fault. And the officer denoted it on the accident report.
What were the policy limits? Was this guy insured for 10 million. Sounds a bit ridicules to me.
I guess someone has to pay for those TV ads. Cannot wait for the next battery of lawyer commercials: Been rear ended in your car or someone elses? Call 800HOMONOW.
NEVER go into arbitration!!!!!!!
Anyone have a cite for this case?
Strange ruling. I’m in insurance and the medical payments coverage normally specifically states the injuries has to be because of an auto accident. Wording changed long ago when another woman got her insurance company to pay for her pregnancy.
Aren’t most STDs contracted in cars?
Though this is salacious, I can understand the ruling. A lot of insurance companies (and a lot of other companies) have a binding arbitration agreement written in their contracts. They typically do this to keep claims of of the courts, where they have to enjoy very expensive lawyers and still may be subject to stupid expensive judgments.
The arbitration clauses are usually binding so that the insured can’t turn around and take an arbitration result they don’t like to court...
But Geico didn’t like this result and then violated the “binding” part of the arbitration clause. The woman’s lawyers hung Geico on their own petard.
How could this have happened in the first place? I haven’t had a Geico insurance policy in a long time so I can’t look at it...(I dumped Geico as soon as USAA made insurance available to enlisted scum)
But I could see perhaps personal injury coverage as a possibility (gaining an HPV infection might qualify as an injury) or, more likely, as covered under a general liability rider that they might have sold the guy. Insurance people sometimes try to sell general liability insurance to people who own houses to protect them from lawsuits that would ever the limits of affordable car insurance.
“She contended the man caused her to be infected with the STD despite being aware of his condition and the risks of unprotected sex.
The insurance company declined the settlement, sending the case to arbitration.
In May 2021, the arbitrator found that the man and woman had sex inside his vehicle that “directly caused, or directly contributed to cause” the HPV infection. The man was found liable for not disclosing his infection status and the woman was awarded $5.2 million for damages and injuries to be paid by GEICO.”
She was either aware or unaware of his condition, which was it?🙄
Can a FR attorney please explain how the hell this happened?
Did the air bags deploy?
Think big. Guns and manufacturer liability.
That’s what I read, too. The panel of judges was ruling on the the use of arbitration. They couldn’t well say “Yeah, you chose arbitration, you don’t like the result, and you get a do-over.”
As I said on an earlier post, I’d love to see the details of the case brought to arbitration and the findings of the arbitrator. But those details will never see the light of day.
I guess we are in for some interesting commercials with a gecko showing us how to use a condom.
So sue him personally, not the insurance company that insured the car she willingly entered to have unprotected sex with her ahole boyfriend. Just the latest episode of “protect me from my own stupidity”.
If this is not appealed immediately, all insurers should step up their “exclusions” section of every policy.
The insanity continues unabated….
The court officials and the arbitrators should be removed from office and thrown out of the legal profession completely. The court settlement and the arbitrators agreement with it are insane.
What was the woman doing wiht the suit? Going after who was negligent? No. She was just going to wherever the most money could be asked, by who had the biggest pockets, which was not the man who did the sex acts with her.
If I were GEICO I’d counter sue the couple for the same $5.2 million, charging their claims as amounting to fraud as far as where any negligence occurred.
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