A US woman who contracted an STI after sexual intercourse in a Hyundai Genesis will be paid out more than $8 million by her ex-partner's insurance company.
The woman, from Jackson County, Missouri, claims she was unknowingly infected with human papillomavirus (HPV) after having unprotected sex with her then-boyfriend in 2017.
The woman took her partner's car insurer Geico to court after learning she had HPV, seeking monetary damages, and it was ruled last year that sex in the car "directly caused, or directly contributed to cause" of the woman's contraction of HPV.
Geico appealed that ruling, arguing that the man's policy covered injuries that only came "out of the ownership, maintenance or use" of the car, and pointing out that she chose to have unprotected sex with her partner.
However, a panel has this week thrown out Geico's appeal, ruling the insurer did not have a strong case and determining that it would pay the woman US$5.2 million (NZ$8.1 million) in damages.
"At the time of Geico's intervention, liability and damages had been determined by an arbitrator and confirmed by the trial court," Court of Appeals Judge Edward R Ardini Jr wrote. "Geico had no right to re-litigate those issues."
Speaking to the Daily Mail, personal injury lawyer Miguel Custodio said if you think about it as an injury sustained while in that person's vehicle, "then it totally falls within what an insurance company would be required to pay".
"Usually, injuries to passengers are the result of a collision, or slamming the door on one's fingers - that sort of thing," he told the outlet.
"But while a lawsuit over contracting an STD from the insured driver may be the first of its kind, this award shows that it's not a stretch for someone to file against an insurance company for any actions occurring in a motor vehicle."
It's not yet known if Geico will end up paying the settlement, as the insurance company is contesting the decision in federal court, arguing that the woman's claim is not covered under the policy.
