Charles Leonard Braden and Joice Stieber Braden - Page 17

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                  The second argument in respondent’s memorandum is                   
             that there is no allegation in the complaint filed in                    
             Campbell v. State Farm of any physical injuries as a                     
             result of the insurer’s breach of contract and, thus, no                 
             allegation of “a direct link between personal injuries                   
             and the recovery of damages, as required by Schleier                     
             v. Commissioner [sic], 515 U.S. 323 (1995)”.  As discussed               
             above, however, the complaint expressly limits membership                
             in the class of plaintiffs to persons who had sustained                  
             injury through the fault of an uninsured and/or                          
             underinsured motorist, and who had not been paid the                     
             uninsured and/or underinsured motorist coverage limits                   
             under one or more automobile liability insurance policies                
             issued by State Farm.  In this situation, it would seem                  
             that the measure of damages of each class member in                      
             Campbell v. State Farm would take into account his or                    
             her unpaid tort claims.  In any event, we cannot fully                   
             evaluate the allegations of the complaint filed in                       
             Campbell v. State Farm and the settlement of that case                   
             without reviewing the settlement agreement and other                     
             documents from the case, such as the proof of claim                      
             questionnaire and the release petitioner submitted.                      
                  The third argument in respondent’s memorandum is that               
             there is no allocation of the settlement payment to tort                 






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