Farmers Insurance PIP Claims

HOME

IF YOU ARE A CLASS MEMBER, YOU MUST NOTIFY THE LAWYERS FOR THE CLASS OR THE CLASS ADMINISTRATOR IF YOU CHANGE YOUR ADDRESS. THIS WILL HELP INSURE THAT YOU WILL RECEIVE YOUR SHARE OF THE VERDICT, IF AND WHEN THE VERDICT IS DISTRIBUTED.

THE OREGON SUPREME COURT WILL HEAR THE PARTIES’ APPEAL OF THE RULING OF FAVOR OF THE CLASS

This website concerns a class action lawsuit entitled Mark Strawn et al. v. Farmers Insurance Company of Oregon, Mid-Century Insurance Co., and Truck Insurance Company, Case Number 99-08-09080, originally brought in the Circuit Court of the State of Oregon for the County of Multnomah. On December 5, 2003, the jury returned its verdict in favor of the Plaintiff Class. On November 28, 2005, after the claims process was completed, the Circuit Court entered its General Judgment, the text of which you can read here. The Circuit Court also entered a Supplemental Money Judgment in December 2006, the text of which you can read here.

The insurance company defendants appealed to the Oregon Court of Appeals. You can read their Appellants’ Opening Brief here, the Plaintiff Class’ Respondents’ Brief here, and the insurers’ Appellants’ Reply Brief here.

On May 20, 2009, the Oregon Court of Appeals issued its opinion ruling in favor of the Plaintiff Class against the appeal brought by the insurance companies. The Court upheld the December 5, 2003 jury verdict for compensatory damages in the amount of $898,323.80, including prejudgment interest. However, while the Court affirmed the jury’s decision that the insurance companies must pay punitive damages, it ruled that the jury’s award of punitive damages of $8,000,000 exceeded what was allowable under the Due Process Clause of the United States Constitution. Therefore, the Court gave the Plaintiff a choice: accept a reduction in punitive damages from $8,000,000 to four times the amount of compensatory damages, which would be $3,593,295.20, or choose a new trial that would be limited to the amount of punitive damages only. You can read the Court’s opinion here.

Both parties asked the Oregon Supreme Court to review the decision by the Court of Appeals. The appeal by the Plaintiff Class asks the Oregon Supreme Court to reverse the Court of Appeals’ reduction of the award of punitive damages and to restore the amount of punitive damages to $8,000,000, as originally awarded by the jury and entered in the judgment by the trial court. You can read Plaintiff Class’ Petition for Review here, and you can read a brief submitted by the Oregon Trial Lawyers Association in support of the Petition for Review here. You can read defendant insurers’ Petition for Review here. You can also read the evidence that each party relies upon in its appeal here and here.

On October 7, 2009, the Oregon Supreme Court issued orders allowing review and requiring the parties to submit their opening briefs within twenty-eight days. The Court also issued an order setting oral argument for March 2, 2010 at 9:00 AM in the Lewis & Clark Law School, Portland, Oregon.

The parties filed their opening briefs with the Supreme Court on November 25, 2009. You can read the Plaintiff Class' brief here and the defendant insurers' brief here. In addition, you can read the amicus briefs filed in support of the Plaintiff Class by United Policyholders here and by the Oregon Trial Lawyers Association here. You can read the amicus briefs filed in support of defendant insurers by Pacific Legal Foundation here and by the Oregon Association of Defense Counsel here.

To learn more about the lawsuit, go to the Lawsuit FAQ page of this website. To learn more About the Attorneys who have established this site, please e-mail us at: ryugler@landye-bennett.com.