HPV Infection Not Covered by GEICO Car Insurance, 8th Cir. Says

A GEICO car insurance policy didn’t cover a potential lawsuit over an HPV infection transmitted through sexual activity in the insured vehicle, a federal appeals court said.

“The insurance policy unambiguously covers only bodily injury arising out of the ownership, maintenance, or use of Brauner’s automobile,” the US Court of Appeals for the Eighth Circuit said in an Aug. 2 decision, referring to policyholder Martin Brauner.

“The district court did not err in granting summary judgment to GEICO” because the injuries incurred by the other party—referred to in court records as “M.O."—didn’t arise out of the use of Brauner’s car, Judge Raymond W. Gruender wrote for the appeals panel.

Brauner gave M.O. anogenital human papillomavirus during a sexual relationship that included at least one encounter in Brauner’s car, which was insured by GEICO General Insurance Co. GEICO is a unit of Berkshire Hathaway Inc.

When M.O. was diagnosed with HPV, she threatened to sue Brauner and sent a demand letter to GEICO requesting a $1 million payment to settle. The US District Court for the Western District of Missouri granted GEICO’s request to clarify that its policy didn’t cover M.O.'s demand.

Judges Steven M. Colloton and Michael J. Melloy also sat on the Eighth Circuit panel.

Shook, Hardy & Bacon LLP and Munger Tolles & Olson LLP represent GEICO. Monsees & Miller represents M.O. Evans & Dixon LLC represents Brauner.

The case is GEICO General Ins. Co. v. M.O., 8th Cir., No. 23-1686, 8/2/24.