I recently came across two new auto insurance class actions filed in West Virginia and Oklahoma, which I thought would be of interest to readers of my blog:
- Smith v. State Farm Mutual Automobile Insurance Company, Civil Action No. 12-C-38 (Circuit Court of Ohio County, West Virginia), removed to federal court, Case No. 5:12-cv-0023-FPS (Northern District of West Virginia): The complaint (pdf) alleges that State Farm’s auto policies violate a West Virginia statute to the extent the policies provide for nonduplication of benefits between medical payments coverage and underinsured motorist (UIM) coverage. The plaintiff’s contention appears to be that duplication of benefits is required by W. Va. Code § 33-6-31(b) where it states that “[n]o sums payable as a result of underinsured motorists’ coverage shall be reduced by payments made under the insured’s policy or any other policy.”
- Duval v. Farmers Insurance Exchange, Case No. CJ-20120213-TS (District Court of Cleveland County, State of Oklahoma): The petition (pdf) in this suit alleges that, with respect to UM/UIM claims, Farmers improperly requires its insureds to sign authorizations that allow Farmers to obtain credit reports, psychological records, bank records, etc. The complaint alleges that it is seeking less than $5 million on behalf of the class, likely to attempt to prevent removal to federal court.