Tag Archives: State Farm

Subrogation “Made Whole” Doctrine Class Action: Florida Federal Court Strikes Class Allegations

Last week, in my August 7, 2012 post, I reported on a new class action filed against AIG/Chartis involving the subrogation “made whole” doctrine.  A recent Florida federal district court decision in a putative class action on this issue is significant because it struck the class allegations on the pleadings. In Vandenbrink v. State Farm … Continue Reading

New Auto Insurance Class Actions Filed In West Virginia and Oklahoma

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 … Continue Reading

Property Insurance Class Action on Polybutylene (PB) Pipes Against State Farm: Partial Summary Judgment in Favor of Class Is Recommended

A recent report and recommendation by a federal magistrate judge in Arizona recommends that partial summary judgment be granted in favor of a certified class of insureds, in a property insurance class action involving polybutylene (PB) plumbing.  Given this result, other insurance companies might see new “piggyback” class action filings on this issue, which potentially … Continue Reading

Recent New Insurance Class Actions Involving Use of Staff Counsel, Wildfire Claims, and Depreciation on Auto Claims

Several notable recent class action filings against insurers have come across my desk (or computer screen) and seem worthy of interest to readers of this blog.  I will summarize and comment briefly on them.  If you’d like a copy of any of the complaints, just e-mail me. Use of Staff Counsel:  In Golden v. State … Continue Reading

Class Action on Insurance Company’s Use of a Database To Evaluate Medical Bills: Colorado Supreme Court Says Denial of Class Certification Was Proper

The Colorado Supreme Court recently issued several new decisions on class certification, one of which was in an insurance class action – State Farm Mutual Automobile Insurance Company v. Reyher, Case No. 10SC77, 2011 Colo. LEXIS 844 (Colo. Oct. 31, 2011).  This was one of many putative class actions that have been filed involving the … Continue Reading

Class Action Against State Farm In New York On PIP Coverage: Motion to Dismiss Is Denied

Insurance companies writing Personal Injury Protection (PIP) coverage in New York with optional extended benefits should pay careful attention to a class action recently brought against State Farm.  Judge Block of the Eastern District of New York recently denied a motion to dismiss in this case.  This may result in additional filings against other insurers. … Continue Reading

Consideration of the Merits on Class Certification: Certiorari Petition in Kartman v. State Farm Argues That Seventh Circuit Improperly Decided the Merits

I previously posted on the Seventh Circuit’s opinion reversing class certification in Kartman v. State Farm Mutual Auto. Ins. Co., where the plaintiffs claimed that State Farm improperly applied inconsistent standards in adjusting hail damage claims.  Law360 recently reported on the petition for certiorari in that case.  (I don’t have a link to the petition … Continue Reading

Class Action on Homeowners’ Insurance Claims for Hail Damage — Seventh Circuit Reverses Certification

The Seventh Circuit recently reversed a class certification against State Farm in a case involving hail damage claims.  This decision is likely to be frequently cited in insurance coverage-related class actions.  In Kartman v. State Farm Mut. Auto. Ins. Co., Plaintiffs asserted that State Farm’s adjustments of hail damage to roofs were inconsistent — in one case, … Continue Reading