Avery, Michael E. et al. vs. State Farm Mutual Automobile Insurance Company

Year: 2004
Court: Illinois Supreme Court
Case Number: 91494

Insurers should not be able to use after market parts when policy calls for restoring vehicle to pre-loss condition. Class actions are the most judicially efficient method of resolving such unfair practices. McCarran Ferguson does not pre-empt a state’s ability to regulate such conduct. UPdate 12/19/2016: The RICO case (Mark Hale et al v. State Farm) alleging that the insurer funneled money to a political campaign of a judge that would rule in their favor in the underlying case is proceeding as a class action. A export report’s seal was lifted with traces the alleged contributions. UPdate 9/5/2018: State Farm settled for $250 Million one week prior to the start of trial. https://www.insurancejournal.com/news/national/2018/09/04/500127.htm

UP’s brief was written pro bono by Lawrence S. Fischer, Esq. and Eugene R. Anderson, Esq. of Anderson Kill & Olick, PC. Of Counsel: Amy Bach, Esq.


The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/avery-michael-e-et-al-vs-state-farm-mutual-automobile-insurance-company/
Date: February 6, 2023