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Torts Keyed to Henderson
State Farm Mutual Automobile Insurance Co. v. Campbell
Citation:
538 U.S. 408 (2003)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In 1981, Curtis Campbell attempted to pass six vans on a two-lane highway in Utah, causing an oncoming driver (Todd Ospital) to swerve and collide with another vehicle driven by Robert Slusher. Ospital was killed, and Slusher was permanently disabled, while the Campbells escaped unharmed. Despite evidence that Campbell was at fault, State Farm contested liability and refused settlement offers within Campbell’s $50,000 policy limit. State Farm assured the Campbells they had no liability and their assets were safe. A jury subsequently found Campbell 100% at fault and awarded $185,849 in damages. State Farm initially refused to cover the excess liability of $135,849 and even suggested the Campbells put their home up for sale. During the appeal process, the Campbells reached an agreement with Slusher and Ospital’s estate not to execute judgment against them in exchange for pursuing a bad faith claim against State Farm, with 90% of any recovery going to Slusher and Ospital. After the Utah Supreme Court affirmed the underlying judgment, State Farm paid the entire amount, but the Campbells proceeded with their bad faith action. At trial, evidence was presented about State Farm’s nationwide “Performance, Planning and Review” (PP&R) policy, which allegedly incentivized underpayment of claims. The jury awarded $2.6 million in compensatory damages and $145 million in punitive damages, which the trial court reduced to $1 million and $25 million respectively. The Utah Supreme Court reinstated the full $145 million punitive award.
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