In re State Farm Lloyds Hidalgo County Hail Storm Litigation

434 S.W.3d 350, 2014 WL 2885699, 2014 Tex. LEXIS 401
CourtTexas Judicial Panel on Multidistrict Litigation
DecidedMay 13, 2014
DocketNo. 14-0169
StatusPublished
Cited by3 cases

This text of 434 S.W.3d 350 (In re State Farm Lloyds Hidalgo County Hail Storm Litigation) is published on Counsel Stack Legal Research, covering Texas Judicial Panel on Multidistrict Litigation primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re State Farm Lloyds Hidalgo County Hail Storm Litigation, 434 S.W.3d 350, 2014 WL 2885699, 2014 Tex. LEXIS 401 (Tex. Ct. App. 2014).

Opinion

[352]*352On Review By The Multidistrict Litigation Panel

OPINION

Justice HARVEY BROWN delivered the opinion of the MDL panel.

Within a 24-day period in the spring of 2012, two hailstorms occurred in Hidalgo County, causing damage to residences across the county. Eventually over 1,000 residents filed lawsuits in that county against their insurers arising out of the insurers’ handling of the residents’ insur-anee claims. We granted two insurers’ requests for an MDL for the two hailstorms. In short order, the cases against a third insurer (Allstate Texas Lloyds) were transferred into the same MDL pretrial court. Through Rule 13’s tag-along procedure, the MDL grew to cover hailstorm insurance coverage cases against over 30 insurers, without objection.

One insurer that was not covered by our previous orders, State Farm Lloyds, was then sued in over 100 lawsuits in ten different district courts in Hidalgo County. These lawsuits were originally transferred to the existing MDL through tag-along notices without a formal motion. State Farm, however, objected. In February 2014, we granted State Farm’s motion requesting that the cases be remanded to the trial courts in which they were originally filed.1 We explained that the cases against the other insurers in the MDL were not related to the cases against State Farm.2 The State Farm policyholder plaintiffs now ask us to establish a separate MDL and transfer their cases to it for consolidated and coordinated pretrial proceedings. State Farm opposes the request. We grant the motion.

BACKGROUND

All of the 111 plaintiffs who have sued State Farm are represented by the same law firm. All of the plaintiffs claim that State Farm engaged in unfair settlement practices by either unreasonably underpaying or wrongfully denying their claims for property damage. Plaintiffs allege violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act, breach of contract, and breach of the duty [353]*353of good faith and fair dealing. In their motion, the facts of which we take as true unless controverted by the respondent,3 they allege that the policy language in all of the cases is “the same or similar.” Plaintiffs assert that they all suffered similar wind and hailstorm damage from these two storms. Plaintiffs’ discovery requests seek virtually identical types of information in all the cases. Of the 111 lawsuits, five adjusters handled more than 60 of the claims. State Farm has divided its defense of the cases among seven law firms. Nonetheless, State Farm’s defenses are also virtually identical.

FIRST PRONG: RELATEDNESS

Texas Rule of Judicial Administration 18 creates an MDL panel and authorizes it to transfer “related” cases to a single pretrial judge if “transfer would be for the convenience of the parties and witnesses and would promote the just and efficient conduct of the cases.” Under Rule 13.3, the transfer of cases involves a threshold question: whether the cases are “related.”4 “If cases are not related we lack authority to assign them to an MDL pretrial judge, even if such an assignment would serve the interests of convenience and efficiency.”5

The relatedness inquiry examines whether the cases involve “one or more common questions of fact.” 6 Rule 13 does not require that common fact questions predominate.7 While the number of common fact questions necessary to cause cases to be related is not capable of a bright-line rule, cases involving complicated, numerous, or significant common fact questions are more likely to be considered related.

For first-party insurance claims arising out of common significant weather events against a common insurer-defendant, a party advocating use of an MDL must' show more than the existence of the undisputed weather events.8 Instead, we require a party to show two common fact questions: (1) an allegation that the insurer handled claims in accordance with standard business practices and (2) the significant weather events occurred in “close proximity.”9 We have applied this two-part test to create MDLs for other Hidal-go County hailstorm claims when brought against two other carriers10 and subse[354]*354quently to exclude from the MDL claims against State Farm.11

The first part of the relatedness test— requiring an allegation in the claimant’s petition that an insurer followed the same standard practices and procedures in handling each plaintiffs claim — is satisfied. All the petitions state that the individual plaintiffs experiences were “not isolated.” Rather, State Farm’s acts and omissions “occurred] with such frequency that they constitute a general business practice ... with regard to handling these types of claims.” State Farm’s “entire process is unfairly designed to reach favorable outcomes for the company at the expense of the policyholder.” In other words, Plaintiffs allege that State Farm engaged in common wrongdoing that harmed each of them. By invoking claims of standard practices, Plaintiffs seek to enlarge the dispute beyond the facts unique to the individual plaintiffs particular property and to obtain discovery beyond their individual disputes with State Farm. This allegation necessarily creates common witnesses and written discovery.

“[C]laims challenging standard business practices standing alone are insufficient to establish relatedness....”12 A party must also satisfy the second part of the relatedness test — requiring that the lawsuits share significant weather events that occurred in “close proximity” to each other. The events here satisfy this second requirement.

State Farm nevertheless argues that close proximity of these two weather events should not be sufficient to demonstrate relatedness because the jury questions will require separate proof for each resident insured and each lawsuit “is primarily a suit for breach of contract, and turns exclusively on the claimant’s policy and facts specific to the structure of their homes or property.” While State Farm may make that argument in the trial court, that is not what Plaintiffs claims here.

State Farm responds that Plaintiffs’ “naked assertions” should not be sufficient to demonstrate common fact questions. According to State Farm, Plaintiffs cannot meet their burden to demonstrate common questions of fact “with a bare assertion that there is a standard business practice devoid of any supporting factual content.” There is more than a “naked assertion” because Plaintiffs’ allegation of standard business practices must be accompanied by proof that the weather events occurred in close proximity to demonstrate relatedness.

The temporal and geographic proximity requirement helps ensure that there is more than a “naked assertion” of standard business practices. This requirement serves two purposes. First, it prevents the creation of a single MDL to govern all extra-contractual claims against an insurer that allege standardized business practices without temporal or geographic limitations.13 Second, when storms are in close geographical and temporal proximity, re-[355]

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Related

In re Farmers Insurance Co. Wind/Hail Storm Litigation 2
506 S.W.3d 803 (Texas Judicial Panel on Multidistrict Litigation, 2016)
In re Volkswagen Clean Diesel Litigation
516 S.W.3d 704 (Texas Judicial Panel on Multidistrict Litigation, 2016)
In re Farmers Insurance Co. Wind/Hail Storm Litigation
481 S.W.3d 422 (Texas Judicial Panel on Multidistrict Litigation, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
434 S.W.3d 350, 2014 WL 2885699, 2014 Tex. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-state-farm-lloyds-hidalgo-county-hail-storm-litigation-texjpml-2014.