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Court reverses class certification in hail-damage action

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The 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied homeowners following a 2006 hailstorm in central Indiana.

Policy holders with three different State Farm insurance companies brought a proposed class-action suit in state court, which was later moved to federal court, alleging breach of contract, bad-faith denial of insurance benefits, and unjust enrichment. The homeowners sought damages and an injunction requiring State Farm to re-inspect all the class members’ roofs pursuant to a “uniform, reasonable and objective” standard for evaluating hail damage.

U.S. District Judge William Lawrence denied certification of class under Rule 23(b)(3) under the Federal Rules of Civil Procedure, noting that each plaintiff’s claim of underpayment required an individualized factual inquiry on the merits.

The case should have ended there, the 7th Circuit concluded today, but Judge Lawrence did grant the plaintiffs’ class claim for injunctive relief under Rule 23(b)(2). The District Court certified a class to determine whether State Farm should have to re-inspect the roofs with a uniform and object standard.

But the case is not appropriate for class certification under Rule 23(b)(2), the judges decided in Cynthia Kartman, et al. v. State Farm Mutual Automobile Insurance Co., et al., No. 09-1725. The Circuit Court concluded that the lower court order “misconceptualizes” the claims in the case, and this is simply an action for damages and only suitable for class certification under Rule 23(b)(3).

The plaintiffs claimed to have suffered two separate injuries – underpayment of their hail-damage claims and a violation of the distinct right to have their roofs evaluated under a uniform and objective standard. But State Farm had no independent duty – whether sounding in contract or tort – to use a particular method to evaluate hail-damage claims, wrote Judge Diane Sykes.

The plaintiffs’ argument, that even if State Farm lacked a contractual duty to inspect their roofs pursuant to a uniform and object standard, the duty of good faith required it do so, reflected a fundamental misunderstanding of the tort of bad faith, the judge continued.

“Thus, to prove State Farm committed the tort of bad faith, the plaintiffs must establish that their claims were underpaid — or wrongfully denied — in the first place,” she wrote. “This requirement alone bars class certification because it cannot be established on a class-wide basis.”

A case may be certified as a class action under Rule 23(b)(2) where the “party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” In this rule, there are two independent requirements: the equitable relief must be appropriate regarding the class as a whole and be final. In this case, the contemplated injunction doesn’t provide appropriate or final relief of the alleged underpayment of the plaintiffs’ hail-damage claims, wrote the judge.

The Circuit Court remanded with instructions to decertify the Rule 23(b)(2) class.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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