Friday, September 08, 2006

Nobody takes care of you...

OK, so I'm finally starting to understand Constitutional Law. And this week, we happened to have a very interesting case involving a company that's still around today...and let me just say, I'll think twice before getting an insurance policy with State Farm.

In State Farm v. Campbell (2003), the U.S. Supreme Court decided a decades-old case involving a car crash in 1981. (During the time it took this case to be brought on appeal after appeal, I was born, went to 12 years of public school, traveled to Europe, got into college, did that for a few years, voted, and then traveled to Europe again.)

Here's what happened: Campbell, a State Farm policy holder, decided he wanted to pass SIX VANS on a two-lane road. (I bet he was from Chicago.)

You can see where this is going: Campbell didn't make it, and a car in the oncoming lane (driven by Ospital) veered to miss him, thereby losing control of his vehicle and crashing into another car (driven by Slusher). All in all, Ospital was killed, Slusher was permanently disabled, and Campbell (of course) walked away unscathed.

Obviously, Ospital and Slusher sue Campbell for wrongful death / injury, and here's the kicker - they offered to accept the maximum policy payout of $25,000 each, or $50,000 total. And guess what State Farm does? Refuses! Against the advice of counsel, they take the case to court, to try to deny liability for their crazy-ass driver.

And guess what happens there. The court awards $185,849 to plaintiffs! But that's not all...State Farm then demands that Campbell pay everything in excess of the $50,000 maximum policy payout (or $135,849), advising him: "You may want to put for sale signs on your property to get things moving."

So basically, State Farm forced this case to go to court, and now they refuse to pay the damages awarded to plaintiffs - instead giving the burden to their policy holder, Campbell. (Isn't this why we have insurance in the first place?)

Then something really strange happens - Campbell gets together with Slusher and Ospital's family to sue State Farm together, for basically screwing them all over. They bring the suit to court and end up getting $2 million in compensatory damages and $145 million in punitive damages. Later, the U.S. Supreme Court reduces both damage amounts, but State Farm still had to pay tens of millions of dollars in a case that could have been settled for $50,000.

Nobody takes care of you like State Farm...

5 comments:

Sara Sherman said...

That is unbelieveable, I have not heard about this case. When you started on State Farm, I thought you were going to comment on the recent 20/20 show that interviewed 2 ex State Farm employees (who happen to be sisters) that were claims adjusters down by the Katrina disaster. The 2 sisters claim State Farm had their adjusters change claims to read water damage instead of wind damage, which means the clients don't get paid, because water damage is not covered. So these poor people not only have lost everything, but won't even get any insurance money to rebuild. Of course most of these people do not have the resources to fight, and I'm sure that's what State Farm is banking on. I hate to say it, I have State Farm auto and home ins.

Julie said...

Glad I don't have State Farm! I'm glad the dumbass and the victims got together and fought back though!

Meesh said...

isn't state farm the one with all the sappy commercials that end with "you're in good hands"? those fuckers...

Valerie said...

"You're in good hands" is Allstate, though I'm sure they screw over their customers, too.

Anonymous said...

"Like a good neighbor, State Farm is there."