- 16 - 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 tortPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011