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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
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