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USA. $ 5.2 million in damages for catching HPV in a car

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The U.S. Missouri blend had sex in the car of her then-partner in 2017, who she believes consciously infected her with HPV. The woman demanded compensation from the company with which the car was insured. When the insurer refused, she went to court. A ruling was issued on Tuesday.

The plaintiff, described in court documents only with the initials MO, in November and December 2017 she had unprotected intercourse several times in a car belonging to her sexual partner, a certain MB The man did not inform her that he was a carrier of the HPV virus, which causes genital herpes, contributes also to the development of cervical cancer. The woman claims that MB knew about the possibility of contagion but did not mention it. MO found out that she had caught the infection in 2018.

Three years later, in February 2021, she reported to the car insurer in which the intercourse took place. In her opinion, the policy purchased from GEICO should cover the compensation for the health impairment she has suffered. The woman raised the issue of medical expenses incurred and “mental and physical pain and suffering”. She asked for a million dollars.

GEICO rejected her application. MO then entered the path of arbitration proceedings, in which it was established that MB owes her 5.2 million dollars in compensation, and the money should be paid by the insurance company. The woman then reported to the Jackson County Circuit Court to confirm the arbitrator’s ruling. This is what happened, and the decision to grant financial compensation was also upheld last Tuesday by the Court of Appeals of the Western Missouri District.

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The insurer says no compensation is due

The insurer tried to appeal, arguing that the district court had given him no chance to defend himself. However, in Tuesday’s opinion of the three-member panel of judges, it can be read that “when GEICO intervened, liability and compensation were already established by the arbitrator and confirmed by the court of first instance. [Firma] she had no right to request a retrial. “And, according to the appellate court, she could defend her interests at the earlier stages of the dispute between MO and MB, siding with the man, which she did not take advantage of.

Perhaps, however, the multi-million dollar compensation will not be paid after all. On Thursday, GEICO announced a lawsuit was filed in a federal court last year to determine whether MO’s claims are even valid. The insurer claims that it never had to take the side of MB, because the company’s liability only applies to damages caused by “possession, maintenance and use of the 2014 Hyundai Genesis”, and the damage reported by the woman is not related to them, but results from the lack of protection against diseases sexually transmitted during sex.

CBS News, The Washington Post

Main photo source: Shutterstock



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