Missouri Supreme Court Vacates $5.2M Judgement Entered Before Insurer Permitted To Intervene

In M.O. v. GEICO, No. SC99732 , -- S.W.3d -- (Jan. 10, 2023) – The Supreme Court of Missouri enforced an insurer’s right to intervene in a suit against its insured under Section 537.065.2 (2017).

The Missouri Supreme Court ruled unanimously to overturn a lower court’s ruling and held that GEICO should have had a chance to weigh in sooner on the case, and sent the case back to the lower court for further discussion. GEICO might still need to pay a settlement later on, depending on the verdict of the court.

The underlying case involves a woman, identified only as M.O., alleging to have contracted Human Papillomavirus (HPV) after she had sexual relations with a male partner in a 2014 Hyundai Genesis insured by GEICO.

In the original complaint filed in 2021, M.O. alleges that because the man knew he had HPV and did not tell her, both he and his insurer were liable.

The insurer denied coverage of the claim under the insured’s automobile liability policy.