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37 members (Jweeks, woodduck, russellb, James, janiemae, CouchNapper, Chad Burnette, Mulcher, desertdog, mcninja, Ron A., MIB, dave260rem!, NoHuntin, ImThere, RareBreed, sanderson, Oscarflytyer, cmontgomery, robinhedd, Longtine, odocoileus, RSF, Uokman2014, Cactus_buck, remlap, sevenup, MountainTopHunter, Dixiepatriot, BRP549, jawbone, jake5050, kodiak06, 4 invisible),
824
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Key:
Admin,
Global Mod,
Mod
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Joined: Jan 2002
Posts: 12,581 Likes: 23
Booner
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Booner
Joined: Jan 2002
Posts: 12,581 Likes: 23 |
Jackson County woman says she caught STD in car. Auto insurance to pay out $5.2 millionCliff Notes version: Woman had unprotected sex in car and caught HPV . Car owner had Geico insurance and appeals court says Geico must pay the woman Bill Lukitsch
Tue, June 7, 2022, 5:29 PM·2 min read
The Missouri Court of Appeals has affirmed that an insurance company must pay a $5.2 million settlement granted to a Jackson County woman who claimed she unwittingly caught a sexually transmitted disease from her former romantic partner in his car.
In an opinion issued Tuesday, a three-judge panel found that the judgment entered against GEICO General Insurance Company through earlier arbitration proceedings was valid. The insurance companies sought to undo the action, claiming errors were made in Jackson County Circuit Court and the settlement agreement was not done in line with Missouri law.
According to court papers, the woman, identified in court records only as M.O., notified GEICO in February 2021 of her intention to seek monetary damages, alleging she contracted HPV, the human papillomavirus, from an insured member in his automobile. 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.
The insurance company filed motions seeking a new hearing of the evidence and for the award to be tossed out, saying the judgment violated the company’s rights to due process and the arbitration agreement was unenforceable. The company appealed after those requests were denied.
The three-judge panel tasked with reviewing the case found that the lower court did not make a mistake by denying the company’s motions, saying GEICO did not have a right to “relitigate those issues” once damages had been determined and a judgment was entered.
Judge Tom Chapman concurred in a separate opinion, though, saying he believes GEICO was offered “no meaningful opportunity to participate” in the lawsuit and existing law “relegat(es) the insurer to the status of a bystander.”
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Joined: Mar 2020
Posts: 7,524 Likes: 1
They Call Me Gator 🐊
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They Call Me Gator 🐊
Joined: Mar 2020
Posts: 7,524 Likes: 1 |
All this is going to do is cause all rates to rise to account for this risk.
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Joined: Nov 2020
Posts: 1,385
8 point
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8 point
Joined: Nov 2020
Posts: 1,385 |
The list of fine print just got a little longer
Professional Smart Alec
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Joined: Sep 2012
Posts: 24,103 Likes: 296
Freak of Nature
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Freak of Nature
Joined: Sep 2012
Posts: 24,103 Likes: 296 |
Our court system is fugged up.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Joined: Jun 2020
Posts: 4,976 Likes: 39
12 point
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12 point
Joined: Jun 2020
Posts: 4,976 Likes: 39 |
Gobble Gobble, Jackson county, LMAO
Love a good hunting story, love my family and friends. Some people you can't, but acted like do.
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Joined: Aug 2014
Posts: 14,395 Likes: 4
Gary's Fluffer
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Gary's Fluffer
Joined: Aug 2014
Posts: 14,395 Likes: 4 |
Ain’t no way that stands. Does a homeowner’s insurance have to pay out if someone gets an STD from the homeowner?
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Joined: Mar 2018
Posts: 12,458 Likes: 26
Booner
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Booner
Joined: Mar 2018
Posts: 12,458 Likes: 26 |
She did say car right, not truck?
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Joined: Jan 2007
Posts: 14,506 Likes: 12
Booner
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Booner
Joined: Jan 2007
Posts: 14,506 Likes: 12 |
Dumb ass judges and greedy ass lawyers. Damn.
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Joined: Jan 2005
Posts: 25,130 Likes: 143
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 25,130 Likes: 143 |
Doubt Geico can be forced to pay more than the policy limits which are usually 50k or less for bodily injury.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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Joined: Mar 2001
Posts: 12,465 Likes: 62
Booner
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Booner
Joined: Mar 2001
Posts: 12,465 Likes: 62 |
Dumb ass judges and greedy ass lawyers. Damn. I'll back you up with a second on that Burbank!
Cuz-Pat
Patton's European Mounts
Professional Quality Skull & Antler Taxidermy
Since 1998
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Joined: Apr 2000
Posts: 19,233 Likes: 27
Old Mossy Horns
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Old Mossy Horns
Joined: Apr 2000
Posts: 19,233 Likes: 27 |
Doubt Geico can be forced to pay more than the policy limits which are usually 50k or less for bodily injury. Way I always understood it . They only pay the insured amount do the policy
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Joined: Nov 2004
Posts: 14,435 Likes: 5
Chit Show Connoisseur
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Chit Show Connoisseur
Joined: Nov 2004
Posts: 14,435 Likes: 5 |
Judicial system is trash. Judge is an idiot. We are doomed.
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Joined: Apr 2015
Posts: 5,588
12 point
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12 point
Joined: Apr 2015
Posts: 5,588 |
What you do today, you have to sleep with tonight.
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Joined: Mar 2003
Posts: 27,502 Likes: 28
Talking Turkey
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Talking Turkey
Joined: Mar 2003
Posts: 27,502 Likes: 28 |
Doubt Geico can be forced to pay more than the policy limits which are usually 50k or less for bodily injury. Way I always understood it . They only pay the insured amount do the policy Unless the claimant somehow worked a bad faith claim into the lawsuit. Which being a claimant and not the insured, not sure how she would do that.
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Joined: Nov 2005
Posts: 4,499 Likes: 14
10 point
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10 point
Joined: Nov 2005
Posts: 4,499 Likes: 14 |
Dumb ass judges and greedy ass lawyers. Damn. This is the explanation for ALOT of what is wrong with 🇺🇸 For ex- no way it should cost $70K to adopt a kid in the US.
You're only as good as your worst shot-
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Joined: Mar 2015
Posts: 6,251 Likes: 30
12 point
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12 point
Joined: Mar 2015
Posts: 6,251 Likes: 30 |
Don’t get me started. Insurance has to pay for STD.  Insurance has to give you a new roof because your house is 30 years old and deteriorating due to wear and tear over years. In FL everyone wants a new roof paid for by their insurance. That’s one reason rates are through the roof in FL. When you bought your insurance policy, old age and wear and tear are likely not perils insured against. So rates go up for the carriers that survive and just about every few weeks another carrier goes under. It’s a big problem so while the subject may be funny it’s an example of reality happening every day in FL.
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Joined: Apr 2021
Posts: 1,292
8 point
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8 point
Joined: Apr 2021
Posts: 1,292 |
Our court system is fugged up. More than can be imagined.
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Joined: Jul 2020
Posts: 10,379 Likes: 72
Booner
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Booner
Joined: Jul 2020
Posts: 10,379 Likes: 72 |
As rigged as insurance is, there is a little poetic justice to all of this.
Have you ever heard of CAPA? Or CAPA certified parts? CAPA is an organization (non profit) funded by insurance companies that certifies crash parts as meeting or exceeding OEM. They sub out the actual testing. The insurance company then isn't required to use OEM parts, which are superior in everyway to aftermarket parts, especially body panels. CAPA is headquartered in Washington DC.
I got in a big fight with an insurance company over damage to my rear bumper. I said I wanted a Toyota one. They said no. My original estimate to repair my truck, which was from a body shop recommened by a Toyota dealer was $1,100 plus 1 day car rental. They said no, I had to go to their shop for the estimate. So I went, they come out with $660. I said nope. They say OEM parts were to expensive. I said I can mail order a toyota bumper, and with shipping its still cheaper than your CAPA bumper. They say no. I said, I am getting a toyota bumper. Period.
So I take truck to a different toyota dealer with a body shop. Leave them the check for $660 from insurance co. Drop it off December 23rd, at 4pm, and get a rental. They keep the truck a week, bill the insurance company $1800 for the repair, plus whatever the rental car was. I drive the rental car home and park it in the driveway and drive my other truck everyday while I go hunting..
When you screw people over, you lack the moral high ground to complain when you get bitten. They would have been better off to approve my first estimate. But I guess the felt like they were getting over because Toyota matched the price on the CAPA bumper and put an OEM on my truck.
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Joined: Aug 2013
Posts: 15,088 Likes: 149
Old Mossy Horns
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Old Mossy Horns
Joined: Aug 2013
Posts: 15,088 Likes: 149 |
Look for the floodgates to open soon on this ruling. Good grief
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Joined: Sep 2016
Posts: 9,006 Likes: 1
14 point
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14 point
Joined: Sep 2016
Posts: 9,006 Likes: 1 |
Judicial system is trash. Judge is an idiot. We are doomed.
Georgia Football..Acts like Bama but has a trophy case like South Carolina.
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