Charles Leonard Braden and Joice Stieber Braden - Page 20

                                       - 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 who                  






Page:  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