- 4 - State Farm’s breach of contract.” Respondent argues: “payments made in settlement of breach of contract suits are specifically excluded from the definition of damages which might qualify for exclusion under the provisions of I.R.C. sec. 104(a)(2).” Thus, according to respondent, “none of the payments made in settlement of Campbell v. State Farm are [sic] excludable from gross income under section 104(a)(2).” Respondent’s motion for summary judgment explains that Campbell v. State Farm was a class action lawsuit in which it was alleged that State Farm breached its insurance contracts with policyholders by failing to pay Uninsured Motorist/Underinsured Motorist (UM/UIM) benefits under more than one insurance policy purchased from State Farm on different vehicles owned by the individuals involved, in a practice referred to as “policy stacking.” We note that the complaint filed in Campbell v. State Farm had asserted that “Defendant State Farm’s refusal to allow Plaintiff to ‘stack’ multiple uninsured and/or underinsured motorist coverages provided by State Farm policies constitutes a breach of contract.” Respondent’s motion does not rely on the settlement agreement that was entered into by the parties to Campbell v. State Farm. Respondent’s motion refers to a document entitled “Notice of Class Action, Proposed Settlement,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011