- 19 - limits under one of petitioner’s two State Farm policies. Subsequently, petitioner joined Campbell v. State Farm, a lawsuit of like individuals who sought to challenge the refusal of State Farm to allow “stacking” of insurance policies. In effect, petitioner sought to obtain additional payment for the damages incurred in her automobile accident equal to the uninsured motorist/ underinsured motorist coverage under her second State Farm policy. Respondent’s arguments fail to show that the payor, State Farm, did not intend any part of the $30,000 settlement payment as damages for the personal injuries petitioner suffered in connection with her automobile accident. First, the record does not include the settlement agreement entered into by the parties to Campbell v. State Farm. We can make no definitive finding about the intent underlying State Farm’s settlement payments to petitioner and the other participants in the class action suit Campbell v. State Farm without that document. Second, each member of Campbell v. State Farm had an unpaid tort claim against State Farm. By definition, class membership in Campbell v. State Farm was specifically limited to persons, like petitioner, who were insured under multiple State Farm policies and whoPage: 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