When will courts say enough is enough?

Not yet, apparently…

Woman has unprotected sex with boyfriend in his car. Multiple times. Her choice. She gets HPV from him. She sues his car insurance and gets awarded $5 million.

That’s some insurance plan.

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^^^ The craziness is out of control. :neutral_face:

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So that’s what collision coverage is for.

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I call ■■■■■■■■■

The vast majority of HPV infections heal themselves within one year, and relatively few of them lead to cervical cancer.

Use of condoms does not prevent transmission of HPV as they don’t cover the groin area. I guess if I want enough money to retire early I should move to Missouri and have unprotected sex in a car’s back seat.

I call that for a ton of other reasons.

But as it stands, the appellate court upheld the claim.

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This is a classic case of a “novel legal liability theory.” Some States have made reforms to prevent this sort of abuse, unfortunately Missouri has not.

The OP title is a bit off target.

It is the State Legislatures that need to act. Unfortunately, many State level jurists are from the Civil Plaintiff Trial Bar and will be more than happy to indulge any sort of theory that enhances the monetary status of the Civil Plaintiff Trial Bar.

In addition to reforming and limiting this sort of abuse by law, we need to limit the flow of Civil Plaintiff’s Attorneys to the bench and increase the number of Civil Defendant’s Attorneys, as well as attorneys from the criminal defense bar and other sorts of attorneys. The bench, at the State and Federal level, has far too many Civil Plaintiff’s Attorneys.

BTW, while I am not a GEICO customer, my auto rates have recently gone up, even though I have no tickets or at fault accidents.

Scum like the above are a good part of the reason.

That scum is a woman who doesn’t need positive affirmations or hugs or feminism.

She needs Dr. Laura to yell at her, saying something like HOW CAN YOU POSSIBLY BE SO STUPID AND NOT NEED WATERED TWICE A DAY?!?!?!

Far as “knowingly giving an STD”, the only way to prevent that one is to get into that back seat wearing a full protective bubble, like Priscilla Presley and the late Leslie Nielsen’s sex scene in the first Naked Gun film.

Surprised this was the ruling when damages weren’t caused during the operation of the motor vehicle.

So, I haven’t read the court of appeals decision yet, but…… I think the issue is Geico waived the right to contest coverage at the arbitration of the underlying lawsuit against the guy (the insured). In other words, this is just the result of procedural stupidity, but not the end of the story. Geico is filing a separate action in federal court on the coverage issue alone, and should win.

@Safiel? Read the opinions on this one?

I agree with you that GEICO will likely prevail on their Federal Case. At this State level, this does supposedly arise from a procedural waiver. I will see if I can find the arbitrator’s decision.

As an aside, I have never heard of such generous behavior from an arbitrator.