Judging Freedom - Woman sues car insurance co for getting sexual disease in boyfriend's car

Episode Date: June 9, 2022

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Resolve to earn your degree in the new year in the Bay with WGU. With courses available online 24-7 and monthly start dates, WGU offers maximum flexibility so you can focus on your future. Learn more at wgu.edu. Hey everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Thursday, June 9, 2022. It's about 4 o'clock in the afternoon here on the east coast of the United States. I got to tell you, if you're in the state of Missouri,

be careful where you are when you have sex. So male and female, boyfriend, girlfriend, are having sex in the backseat of the boyfriend's car. The boyfriend has a communicable disease. He doesn't tell the girlfriend about it. They have sex. They break up. The girlfriend gets the communicable disease.

Without my telling you what it is, it's very difficult to cure this disease. She sues the boyfriend. Under the terms of the insurance policy, she has to go to arbitration, which is a single person, usually a retired or a former judge. Those are mainly the people that are arbitrators, but almost any lawyer can do it. Arbitration is a mini trial with witnesses, but just with one judge. There's no jury, and it can usually be done in a couple of days rather than a couple of years that litigation takes. At the end of the arbitration, the arbitrator awarded the girl $5.2 million because the boy did not tell her that he had the communicable disease so that she could have said yes to sex or no to sex. Here's the kicker. The boy doesn't have to pay

the 5.2. His insurance carrier does because the insurance carrier's policy insures him and agrees to pay for him for any accident that occurs in the use of the automobile. I can't imagine that the drafters of the insurance policy thought of this, because if they did, they would have put an exclusion in there. But because the accident, sex unprotected, without revealing the boy has the communicable disease occurred in the car. The insurance company has to pay for it. Now, don't go running around having sex in your car and trying to get your insurance carrier to pay for it. This is unique to Geico, huge company, but unique to the state of Missouri. I know of no other state

that has ruled this way, I would imagine, because so much money is involved. It'll go to the Supreme Court of Missouri and eventually to the Supreme Court of the United States. But there you have it. Be careful where you are when you decide to have sex. Judge Napolitano for Judging Freedom.