June 5, 1998 Last Day to `Opt-Out' of Nationwide Class Action Against State Farm
5 May 1998
June 5, 1998 Last Day to `Opt-Out' of Nationwide Class Action Against State Farm
MARION, Ill., May 5 -- Class members in the ongoing non-OEM
"crash parts" class action against State Farm have only until June 5, 1998 to
decide whether to remain in or opt-out of the class.
The case, titled Tammy Snider and Michael Avery, on behalf of themselves
and all others similarly situated, v. State Farm Mutual Automobile Insurance
Company, was certified by the Circuit Court for the First Judicial Circuit,
Williamson County Illinois on December 5, 1997 for trial as a class action.
The provision of Notice of the Class Certification decision and the opt-out
deadline began on February 25, 1998.
Class members are those U.S. residents (except people residing in Arkansas
and Tennessee) who were insured by a vehicle casualty insurance policy issued
by State Farm and who made a claim for vehicle repairs under their policy and
had certain non-factory-authorized and/or Non-OEM (Original Equipment
Manufacturer) crash parts installed on their vehicles or received monetary
compensation determined in relation to the cost of such parts. Crash parts
are those vehicle components typically repaired or replaced as a result of
crash damage rather than as a result of normal vehicle usage. Excluded
from the Class are employees of State Farm, its officers, its directors, its
subsidiaries, or its affiliates and persons who resided or garaged their
vehicles in Illinois, and whose Illinois insurance policies were
issued/executed prior to April 16, 1994, and persons who resided in California
and whose policies were issued/executed prior to September 26, 1996.
The Plaintiffs allege that State Farm violated the terms of its policies
and breached its contract with its policyholders by using non-OEM crash parts
to repair their vehicles. The Plaintiffs also allege violations of the
Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiffs seek
compensatory and punitive damages as well as injunctive relief. State Farm
denies Plaintiffs' allegations and that it is liable to the Plaintiffs.
Class members who wish to remain members of the class, need not do
anything at this time. By remaining part of the class, class members will be
bound by all orders and judgments of the court and will be eligible to share
in any recovery obtained on behalf of the class.
Class members may exclude themselves by sending a letter postmarked by
June 5, 1998, expressly stating they wish to be excluded from the class, to
the following address:
Snider, et al. v. State Farm, Plaintiffs' Class Counsel, P.O. Box 1500,
Marion, Illinois 62959. Class members who exclude themselves from the class
cannot participate in any recovery obtained on behalf of the class, and will
not be bound by any court orders or judgment issued by the Court.
Class counsel appointed to represent the interests of the class include G.
Patrick Murphy of Marion, Illinois, Barrett Law Offices of Lexington,
Mississippi, the Rose Law Firm of Little Rock, Arkansas, Much Shelist Freed
Denenberg Ament Bell & Rubenstein, P.C. of Chicago, Illinois and Lieff,
Cabraser, Heimann & Bernstein, LLP of San Francisco, California.
Plaintiffs will be required to prove the class claims at trial which has
been scheduled to commence on February 2, 1999.
For more information, class members may call toll free at 1-888-299-9777
or visit the web site at http://www.sfparts.com.
Class members are asked not to contact the Court.
SOURCE The Circuit Court for the First Judicial Circuit, Williamson County
