GEICO GENERAL INS. CO. v. M.O.

No. 23-1686.

109 F.4th 1125 (2024)

GEICO GENERAL INSURANCE COMPANY; Government Employees Insurance Company, Plaintiffs-Appellees v. M.O.; Martin Brauner, also known as M.B., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2024.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant M.O. and appeared on the brief was David M. Mayer, of Kansas City, MO. The following attorney(s) appeared on the appellant M.O. brief; Phillip Reed Martens, of Kansas City, MO. The following attorney(s) appeared on the appellant Martin Brauner, also known as M.B. brief; Brian J. Niceswanger, of Overland Park, KS., Stephanie Anne Preut, of Overland Park, KS.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Douglas Sargent Beck, of Kansas City, MO. The following attorney(s) appeared on the appellee brief; William Clark Richardson, of Kansas City, MO., Sarah Lynn Baltzell, of Kansas City, MO., Cary B. Lerman, of Los Angeles, CA., Michael Hayes, of Kansas City, MO., Taylor B. Markway, of Kansas City, MO., Jacob M. Rosen, of San Francisco, CA.

Before COLLOTON, Chief Judge, MELLOY and GRUENDER, Circuit Judges.


Martin Brauner gave M.O. anogenital human papillomavirus, more commonly known as HPV, through sexual activity in Brauner's GEICO-insured automobile. M.O. threatened to sue Brauner and sent a demand letter to GEICO requesting payment of the $1,000,000 policy limit. GEICO sought a declaration in federal court that M.O.'s claim...

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