- 20 -
had sustained uncompensated personal injuries in a motor
vehicle accident with an uninsured or underinsured
motorist. Furthermore, each class member was required to
submit a proof of claim package as to those facts in order
to participate in the settlement. It is reasonable to
infer that State Farm intended the settlement to satisfy
those tort claims. Respondent has not shown otherwise.
After considering respondent’s motion for summary
judgment and respondent’s memorandum, we are unable to
find that no part of the $30,000 paid by State Farm and
received by petitioner in settlement of Campbell v. State
Farm was attributable to the personal injuries petitioner
suffered in connection with her automobile accident.
Accordingly, as mentioned above, we will deny respondent’s
motion for summary judgment as to the $30,000 on the
ground that, as to that amount, respondent has failed to
carry his burden of showing that there are no material
facts in dispute and that he should prevail as a matter
of law. See Rule 121(a) and (b).
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: May 25, 2011