Cullen v. State Farm Mut. Auto. Ins. Co.
2011 Ohio 6621
Ohio Ct. App.2011Background
- Cullen sued State Farm in 2005 for breach of contract, bad faith, and fiduciary duty, seeking monetary and declaratory relief and class certification.
- State Farm moved for summary judgment in 2006; after discovery issues, the court denied summary judgment in 2007.
- In 2010, the trial court certified a class for “Glass Only” windshields repaired rather than replaced, with two subclasses (claims handled by Lynx and not).
- Cullen alleged State Farm used a Lynx script to steer claimants to repair, waived deductibles, and failed to disclose a cash-out option; the number of potential class members was around 100,000.
- Class definition encompassed windshields repaired prior to and after Lynx involvement and spanned multiple policy versions over a 20-year period; the court narrowed the class but kept it certified, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Predominance under Civ.R. 23(B)(3). | Cullen shows common plan/script tainting all claims. | Damages and policy variations defeat common issues. | Predominance satisfied; common contention viable for class-wide adjudication. |
| Civ.R. 23(B)(2) applicability. | Declaratory relief sought class-wide based on ongoing practices. | Damages are monetary and require individualized proofs. | Class maintainable under both Civ.R. 23(B)(2) and (B)(3). |
| Manageability of the proposed class. | Data and records enable class-wide damages calculation. | Varied damages and policy versions render the class unmanageable. | Manageability established; certification sustained with remand to narrow class definition. |
Key Cases Cited
- Warner v. Waste Mgt., Inc., 36 Ohio St.3d 91 (1988) (seven elements for class certification; Civ.R. 23A/B prerequisites)
- Hamilton v. Ohio Sav. Bank, 82 Ohio St.3d 67 (1998) (abuse of discretion standard; framework for Civ.R. 23 analysis)
- Shaver v. Standard Oil Co., 68 Ohio App.3d 783 (1990) (burden on plaintiff to show right to class action)
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (predominance requires common contentions capable of class-wide resolution)
- In re Monumental Life Ins. Co., 365 F.3d 408 (5th Cir. 2004) (damages can be determined on a class-wide basis when identifiable variables exist)
- Bridgestone/Firestone, Inc., 288 F.3d 1012 (7th Cir. 2002) (unmanageable class due to multiple designs and recall timings)