« Famous Bloggers | Main | NBER Insurance Workshop »

February 15, 2005

Avery Again

In thinking about the Avery v. State Farm case (State Farm found liable for using after market parts instead of original manufactured equipment parts), I noticed something new which I hadn't thought about before.  State Farm was assessed some $600 million in punitive damages.  This makes no sense from a logical point of view.

State Farm is a mutual and is owned by its policy holders.  So if the group of policy holders decides to intentionally injure themselves, they can sue themselves for punitive damages?   What does it mean to assess punitive damages against a policy-owner owned company?

Boss:  Get me all the owners, quick.

Lackey:  Duh, OK boss, here they are.

Boss:  Shoot them all in the foot.

Lackey:  But boss, you are an owner and I am an owner.

Boss:  So?

Lackey:  But won't we be hurting ourselves?

Boss:  Yes, but then we all can sue ourselves for punitive damages.

Lackey:  Smaaarrrt.  Gee.  I guess that is why you are the boss.

Boss: Right.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341e22a053ef00d83422b2ce53ef

Listed below are links to weblogs that reference Avery Again:

» Avery Revisited from AutoMuse
As always, the RiskProf brings to the fore an important point about Avery: It's a mutual fund insurer, so the $600 Million award of punitive damages to insureds simply comes out of their own pockets. The Avery court, however, appears... [Read More]

» Avery v. State Farm discussed from PointOfLaw Forum
The much-criticized 1999 verdict in a consumer class action over the insurer's use of generic aftermarket parts, in which an Illinois state court returned a $1.2 billion verdict (later reduced to $1 billion and now on appeal to the Illinois... [Read More]

Comments

An excellent point. It seems as if the management and employees of SF are somehow seen as separate from the shareholders. Hmmm . . . it's like citizens suing their governments and recovering punitive damages.

The comments to this entry are closed.

My Photo

L

Blog powered by TypePad
Member since 06/2004