If You Get an STD from Sex in Your Lover’s Car, Is That Covered by the Auto Insurance Policy?
No, says Judge Fernando Gaitan’s opinion today in Geico Gen. Ins. Co. v. Brauner (W.D. Mo.). The policy covered “bodily injury” “arising out of the ownership, maintenance or use” of an automobile, but the court held that this language didn’t cover such a situation:
Kansas courts have held that “For an automobile insurer to be liable for an automobile accident, unless the express language of an insurance policy provides otherwise, the automobile must, in some manner, be involved in the accident, and the mere fact that an accident takes place in or near the automobile does not impose responsibility upon the insurer.” Here, GEICO argues that the auto at issue in this case was not being used as a vehicle when the transmission of HPV occurred; instead, it was the mere situs of the alleged negligence, or at best was being used as a shelter (which is also an insufficient use under Kansas law to trigger coverage under Kansas auto policies).
Brauner [the insured] … argues that the HPV was contracted [by his sexual partner] as
Article from Reason.com
