Farmers Insurance PIP Claims

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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, WHEN THE VERDICT IS DISTRIBUTED.

THE U.S. SUPREME COURT DENIES FARMERS’ PETITION FOR CERTIAORI. THE CASE WILL BE REMANDED TO THE TRIAL COURT FOR DISTRIBUTIONS AND OTHER PROCEEDINGS.

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 of Appeals’ opinion here.You can also read the Court of Appeals' decision awarding attorney fees and costs to class counsel here.

Both parties asked the Oregon Supreme Court to review the decision by the Court of Appeals. The Plaintiff Class asked the 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. Farmers asked the Court to reverse the judgment on the claim for fraud and to eliminate or further reduce the amount of punitive damages. You can read the 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.

The parties filed their opening briefs on November 25, 2009. You can read the parties’ briefs here and here. You can also 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 hereand by the Oregon Association of Defense Counsel here. Finally, you can read the Plaintiff Class’ response to Farmers’ brief here.

On May 19, 2011, the Oregon Supreme Court issued its opinion ruling for the Plaintiff Class on all issues. You can read the opinion here. The Court affirmed the judgment on Farmers’ liability for compensatory damages. The Court also reversed the Court of Appeals’ decision to reduce the amount of punitive damages and ruled that the jury’s award of $8,000,000, as entered into judgment by the trial court, is restored. The Court based its ruling on the punitive damage award on the finding that the defendant insurers had failed to preserve for appeal the issues that they raised to the Court.

On June 10, 2011, Farmers filed a Petition for Reconsideration, which you can read here. The Class opposed the petition; you can read the opposition here. On July 8, less than a month after Farmers filed the petition, the Court announced its decision in favor of the Plaintiff Class. The Court affirmed its May 19, 2011 decision finding Farmers liable and restoring the jury’s award of $8,000,000 in punitive damages. Although some related matters remain pending before the Oregon Supreme Court, including the Plaintiff Class’ Petition for Attorneys Fees, the appellate proceedings in Oregon about the merits of the case have been concluded. You can read the Court’s decision on reconsideration here.

On January 20, 2012, the Supreme Court denied the insurers’ Petition for Certiorari. The decision of the Oregon Supreme Court becomes the final decision. Class Counsel will file a brief asking the Court to deny the defendant insurers’ request for review. If the Supreme Court grants the petition and issues a writ of certiorari, it will also set deadlines for the parties to file briefs and a date for oral argument. If the Supreme Court denies the petition and does not issue a writ of certiorari, proceedings in the federal courts will be ended. The case will be sent to the Multnomah County Circuit Court for additional proceedings, including the distribution of the judgment to class members and their health care providers and other matters necessary to conclude class administration and the case.

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.