Judge allows class action in hail damage suit

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A U.S. District judge is allowing certain State Farm insurance policy holders to proceed in a class action suit against the company as a result of how the insurer handled roof claims following a 2006 hail storm in central Indiana.

On Feb. 6, Southern District Judge William T. Lawrence granted the plaintiffs' motion for class certification in part in the suit, Cynthia Kartman, et al. v. State Farm Mutual Automobile Insurance Co., et al., No. 1:07-cv-474. Judge Lawrence found the plaintiffs met all of the prerequisites of Federal Rule of Civil Procedure 23(a) and (b)(2) to allow a class of individuals to pursue the injunctive relief requested. The judge rejected the plaintiffs' original request that those with roof damage from the hail storm and had claims denied by State Farm should be allowed in the suit. Instead, Judge Lawrence defined the class seeking injunctive relief as all State Farm insured homeowners who submitted roof damage claims under their policies who didn't receive an entirely new roof at the insurer's expense, minus any applicable deduction or depreciation.

The District Court ordered that a general notice be made available via publication and Web site to inform potential class members and that individualized notices go out to those who have current lawsuits pending or decide to file a lawsuit before the opt-out date.

The plaintiffs in this suit allege State Farm doesn't have a reasonable, objective standard in place for adjusting hail damage claims and many people were denied or not fully covered for roof damage from the storm. The plaintiffs want compensatory and punitive damages for breach of contract, tortious bad faith breach of their insurance contracts, and unjust enrichment. They also seek injunctive relief in the form of an order that State Farm re-evaluate the roofs pursuant to a uniform and objective standard of everyone who made a timely claim.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.