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Proof of Bad Faith in Insurance Claim Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by Redemptionman, Jun 7, 2022.

  1. adjusterjack

    adjusterjack Super Moderator

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    What do you do for a living, Rman? What industry do you work in?
     
  2. army judge

    army judge Super Moderator

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    This decision might add a little insight, regarding the topic under discussion.

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    KANSAS CITY, Mo. — 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.

    GEICO will pay a $5.2 million settlement to a Jackson County woman who claimed she caught a sexually transmitted disease from her former romantic partner in his car.© Dreamstime/Dreamstime/TNS GEICO will pay a $5.2 million settlement to a Jackson County woman who claimed she 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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    Missouri woman says she caught STD in car. Auto insurance to pay out $5.2 million
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  3. Zigner

    Zigner Well-Known Member

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    Ummm...
    Exactly how...
    SMH...
     
  4. Redemptionman

    Redemptionman Law Topic Starter Active Member

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    That is crazy with no clear liability that she was infected with the STD from within the car -- that is just crazy. @adjusterjack I do not know why you take this personally. I do not work in the insurance industry and never will.
     
  5. army judge

    army judge Super Moderator

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    Geico failed to prevail at trial, appealed, even went to arbitration; yet they're shelling out the $5,000,000 judgment.

    An illustration that MOST insurers aren't crooks.
     
  6. Zigner

    Zigner Well-Known Member

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    I don't disagree with that. In fact, it illustrates that insurers can be victims as well.
     
  7. Redemptionman

    Redemptionman Law Topic Starter Active Member

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    That is interesting, it proves if nothing else that it comes down to the jury and if they believe/ like you. I am confused as to how they were able to get that much especially dealing with their clients liability insurance limits and what the insurance company was required to pay. This usually comes down to limits they are capped at paying and they do not have to pay over that.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    I don't take it personally. You have a hatred for the insurance industry that I consider irrational because you have never posted anything about what the insurance industry did to you that caused you to hate it.

    Heck, you can pick any industry and point out its evils.

    I'm sure the industry you work in has screwed many a customer.

    That's true.

    MSN sucks at posting articles. Little or no information.

    Here's an article explaining the chain of events that led up to the judgment. Makes a lot more sense now that the existence of an umbrella policy was revealed. That could account for the $5,000,000.

    Though I can't understand the arbitrator or those judges finding the car owner liable when the disease was not caused by the "operation" of the motor vehicle. There is also an exclusion in the auto policy against intentional acts on the part of the owner.

    I wonder if GEICO will appeal to the Missouri Supreme Court.

    Report: GEICO to Pay $5.2M to Woman Who Allegedly Got STD During Car Sex (breitbart.com)
     
  9. Redemptionman

    Redemptionman Law Topic Starter Active Member

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    Yes, I am sure they will and once this is integram atrio causa

    I will then bump this thread to let you all know the outcome
     

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