Policyholders at State Farm
Win Lawsuit Over Auto Parts
By DEBORAH LOHSE
Staff Reporter of THE WALL STREET JOURNAL
A jury in Marion, Ill., state court awarded $456 million to State Farm
Mutual Automobile Insurance Co. policyholders, who alleged they were
harmed by State Farm's policy of using generic auto parts, rather than
those issued by the original auto maker, for repairs.
The case was closely watched by the nation's auto insurers, many of whom
make use of generic parts, also known as aftermarket parts, which are
generally cheaper. State Farm, which plans to appeal, said it was
disappointed by the verdict, especially because it guarantees the parts,
which are certified by the Certified Automotive Parts Association. "We
do
not disagree that there are some aftermarket parts that are not of good
quality, but we have processes in place to make sure those parts don't
wind up on State Farm-insured cars," State Farm Senior Vice President
Jack North said.
However, State Farm is considering changing its policy. "We can't ignore
the findings of this jury," said Mr. North, who said no decision has been
reached.
The class action claimed State Farm's emphasis on allegedly inferior
generic parts violates provisions in its auto-insurance contracts pledging
to
restore damaged cars to preaccident condition. The lawsuit was filed in
state court in July 1997, and covers about 4.7 million policyholders in
48
states with auto policies issued between July 1987 and February 1998.
At issue is State Farm's policy of paying only for generic auto-body parts
such as hoods, doors, bumpers and fenders after a car accident.
Policyholders who prefer original-maker parts are forced to pay any
excess over the generic price. (Mechanical parts such as engines, brakes
and batteries weren't at issue in the suit.)
The policyholders' lawyers argued during the seven-week trial that generic
body parts, some of which are made in Taiwan, are inferior to
car-manufacturer-issued parts. Body-shop experts testified generic-part
makers use inferior materials and reinforce the metals far less thoroughly.
The policyholders also argued such parts diminish the value of cars, making
it impossible for State Farm to live up to its contractual obligation to
restore cars to previous condition.
"Policyholders paid full value for that promise," said Patricia Littleton,
one
of the plaintiffs' attorneys. "And they did not get the benefit of that
bargain."
The insurance industry is facing similar lawsuits seeking class-action
status
around the country. With the latest State Farm decision, insurers are fearful
of a tidal wave of copycat suits, given that many insurers' policies contain
policy language vowing to restore damaged cars to precrash condition.
Not all companies refuse to pay for original car-maker parts. Allstate
Corp., the Northbrook, Ill., insurer that is named in nearly a dozen similar
suits, pays for car-manufacturer-issued parts if customers want them, as
does Chubb Corp., Warren, N.J. Robert Pike, executive vice president of
Allstate, said it has won dismissal or been dismissed as a defendant in
three
suits.
The award in the State Farm case was for compensatory damages
intended to repay policyholders an average of $51 apiece for the
difference between parts they got and original-auto-maker parts, as well
as
repay some for the labor costs to install the proper part. The damage
amount also is intended to cover two days' car rental for some affected
policyholders, Ms. Littleton said.
The judge in the case, Associate Circuit Judge John Speroni, will decide
in
the next few days on separate consumer-fraud allegations, which could
result in additional punitive damages to State Farm. He also will rule
on
plaintiffs' request that State Farm be enjoined from continuing to require
generic parts until it better discloses the practice to customers.
State Farm, which posted a summary of the case on its Web site
(www.statefarm.com/media/snider.htm), argued policyholders were fully
informed in their policies, repair-estimate documents and a State Farm
brochure that repair shops would use such parts.