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Torts Keyed to Twerski
State Farm Mutual Automobile Insurance Co. v. Campbell
Citation:
538 U.S. 408 (2003)ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Curtis Campbell (Plaintiff) was driving on the wrong side of a two-lane highway in order to pass six vans. Todd Ospital had to swerve to avoid a head-on collision with Plaintiff, lost control, and collided with a car driven by Robert Slusher. Ospital was killed in the accident, Slusher was permanently disabled, and Plaintiff was not hurt. Slusher and Ospital sued Plaintiff. Plaintiff’s insurance company, State Farm Mutual Insurance Co. (Defendant), contested liability and refused to settle despite evidence that the Plaintiff was at fault for the accident. A jury found Plaintiff liable. Defendant refused to cover the excess liability over the Plaintiff’s policy limit or help the Plaintiff appeal. Plaintiff found new counsel, appealed, and reached a settlement with Ospital and Slusher whereby Plaintiff agreed to sue Defendant and give ninety percent of the verdict to Ospital and Slusher. The Plaintiff’s appeal against Slusher and Ospital was denied by the Utah Supreme Court, and Defendant paid the entire amount. Plaintiff nevertheless sued Defendant for bad faith, fraud, and intentional infliction of emotional distress.
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