State Lawmaker Introduces Bill Regarding Insurance Coverage in Vehicles After Recent Case in Missouri

Friday, January 5th, 2024 -- 11:00 AM

(Hope Karnopp, Milwaukee Journal Sentinel) A bill introduced in the state Legislature Thursday would clarify that insurance companies can't provide policies that include coverage for people who contract infectious diseases in a vehicle, including sexually transmitted diseases.

The bill's author, Republican Rep. Shae Sortwell of Two Rivers, said the proposal is in response to a Missouri woman who sued her then-boyfriend and his insurance company after she contracted HPV, a sexually transmitted disease, while having sex in his car.

Geico turned down her claim that the policy covered her injuries, but an arbitrator later ordered the insurance company to pay the woman $5.2 million in damages. A court affirmed the amount for “past and future medical expenses" and “past and future mental and physical pain and suffering.”

The Missouri Supreme Court later overturned the ruling. "Regardless of the current standing of the lawsuit, this string of cases opened up a can of worms and set a bad precedent that could risk higher auto insurance premiums in the future," Sortwell wrote in a memo seeking support from other lawmakers.

The Legislative Reference Bureau's analysis of the draft bill says it would "(prohibit) motor vehicle insurance policies from insuring against liability for exposing a person to, or infecting a person with, an infectious disease while occupying a motor vehicle."

It's not yet clear whether the bill would pick up enough support to get hearings, be passed by both chambers and reach Democratic Gov. Tony Evers. Bills are often introduced by more than one representative, and a Senate-side author isn't listed on the co-sponsorship memo.

Lobbying information isn't yet available for the bill. Insurance associations have supported other driving-related legislation this session, including a recently signed law to help low-income students access driver's education.

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