Stuart Ex Rel. Situated v. State Farm Fire & Cas. Co.
Opinion
State Farm Fire and Casualty Company appeals the district court's
1
ruling certifying a class of Arkansas homeowners who allege that State Farm improperly withheld amounts for labor depreciation when making payments under their insurance policies. We held this case in abeyance pending the outcome of
In re State Farm Fire & Casualty Co.
(
LaBrier
),
I
State Farm entered into replacement-cost homeowner's insurance contracts with plaintiffs. Under the form policy used in the contracts, State Farm's obligation to pay for property damage would be satisfied in two stages. First, prior to the insured making any repairs, State Farm agreed to pay the "actual cash value at the time of the loss of the damaged part of the property," up to the policy's liability limit, "not to exceed the cost to repair or replace the damaged part of the property." "Actual cash value" or "ACV" is calculated under the policy by estimating "the amount it would cost to repair or replace damaged property" and subtracting depreciation. This process would generally involve sending an adjuster to inspect the damage and prepare an estimate using software called Xactimate. Xactimate estimates the price of each task necessary for repair, including the cost of materials and labor, and then applies depreciation using an established formula. During the class period, State Farm's Xactimate software depreciated both materials and labor when calculating ACV.
State Farm would generally use Xactimate's ACV calculation to make a payment to the insured, minus deductible. The policy imposed no obligation on the insured to use this ACV payment to actually make repairs to the property. If the insured failed to make the repairs, or made the repairs for less than the amount of the ACV payment, the insured was not obligated to remit the overpayment to State Farm. If the insured made repairs and incurred costs greater than the ACV payment, the insured could seek further payment from State Farm. In this second stage, the insured could seek repayment of actual repair costs (the "replacement cost value" or "RCV"), based on documentation showing the repairs made and the costs incurred.
In 2013, the Arkansas Supreme Court held that "the costs of labor may not be depreciated when determining the actual cash value of a covered loss under an indemnity insurance policy that does not define the term 'actual cash value.' "
Adams v. Cameron Mut. Ins. Co.
,
II
Federal Rule of Civil Procedure 23 governs class certification. "A party seeking class certification must affirmatively demonstrate his compliance with the Rule...."
Wal-Mart Stores, Inc. v. Dukes
,
Before certifying a class under Rule 23(b)(3), a district court must find "that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy." Fed. R. Civ. P. 23(b)(3). The "predominance inquiry tests whether proposed classes are sufficiently cohesive to warrant adjudication
by representation."
Amchem Prods., Inc. v. Windsor
,
Our review of a district court's decision to certify a class is limited. A district court has "broad discretion" to determine whether certification is appropriate.
Ebert
,
III
Plaintiffs argue that their claims share a common legal question: whether State Farm breached their contracts by depreciating labor from their ACV payments. In order to state a cause of action for breach of contract under Arkansas law, plaintiffs need only assert the existence of valid and enforceable contracts with State Farm, an obligation of State Farm thereunder, a violation of that obligation, and resulting damages.
Farris v. Conger
,
It was not an abuse of discretion for the district court to conclude that plaintiffs' claims share a common, predominating question of law. Plaintiffs' theory is that State Farm violated its contractual obligations by depreciating both materials and labor when calculating ACV, thereby reducing the size of their ACV payments. The viability of this theory is a common question well suited to classwide resolution. The district court previously concluded that these allegations stated a claim for breach of contract under
Adams
, and that
decision is not before us on this appeal.
See
Dennington v. State Farm Fire & Cas. Co.
, No. 4:14-CV-4001,
Relying heavily on our recent decision in
LaBrier
, State Farm asserts that plaintiffs cannot demonstrate predominance and superiority because individual issues of liability and damages exist for each plaintiff that cannot be established with common evidence. In
LaBrier
, we analyzed the claims of a group of Missouri homeowners who argued that State Farm breached its contracts by deducting labor depreciation from their ACV payments. Missouri law, we noted, defines ACV as "the difference between the reasonable value of the property immediately before and immediately after the loss."
We concluded that the plaintiffs in LaBrier could not show predominance because whether State Farm's chosen methodology produced a reasonable estimate of the difference in a property's value before and after a loss was a question for the jury to determine on a case-by-case basis. See id. In other words, because the contracts did not specify how ACV payments would be calculated, whether State Farm was in breach would depend on whether its methodology produced a reasonable estimate of ACV, as defined by Missouri law, in an individual case. Because this question could not be answered on a class basis, certification under Rule 23(b)(3) was inappropriate.
State Farm argues that
LaBrier
controls the claims at issue here, but there are critical differences between
LaBrier
and the instant case. Unlike in
LaBrier
, plaintiffs' contracts specified the method for calculating ACV payments: "the amount it would cost to repair or replace damaged property, less depreciation." Thus, State Farm's obligation here was not merely to arrive at a "reasonable" estimate of the property's value before and after the loss, but to calculate the ACV payment in accordance with the prescribed formula. There is no need for a jury to evaluate conflicting estimates based on different methodologies; the parties agreed on a methodology and the only dispute is over including labor depreciation in the calculation, which is a discrete portion of the formula that is easily segregated and quantified. Arkansas law under
Adams
differs from Missouri law in that it explicitly prohibited insurers from depreciating the costs of labor when using this formula.
The potential need for individualized damages inquiries is not sufficient to overcome the district court's findings of predominance and superiority.
Tyson Foods
,
It was not an abuse of discretion for the district court to conclude that common questions predominate over individualized issues and that adjudicating the claims as a class is superior to alternatives. The district court properly noted that the class members' claims are generally small and unlikely to be pursued individually. It also noted that concentrating the claims in a single forum is desirable, and that it did not anticipate unreasonable difficulty in managing the class action. We find no clear error in these findings, all of which support certification.
IV
State Farm argues that class certification is inappropriate because certain plaintiffs cannot demonstrate the injury-in-fact element of standing.
See
Lujan v. Defs. of Wildlife
,
State Farm argues that plaintiffs who completed their repairs at or below the cost of the ACV payment, or who ultimately received RCV payments, have suffered no injury and accordingly lack standing. Although couched as disputes about standing, State Farm's arguments really go to the merits of plaintiffs' claims. Under plaintiffs' theory, all individuals who received an improperly-depreciated ACV payment suffered a legal injury-breach of contract-regardless of whether the ACV payment was more than, less than, or exactly the same as the ultimate cost of repairing or replacing their property. "[A] party to a breached contract has a judicially cognizable interest for standing purposes, regardless of the merits of the breach alleged."
Kuhns v. Scottrade, Inc.
,
Finally, State Farm argues that some plaintiffs' claims are barred by res judicata because they are parties to a class settlement in
Chivers v. State Farm Fire & Casualty Co.
, No. CV-2010-251-3 (Ark. Cir. Ct.). In a separate order entered before the class certification decision at issue in this appeal, the district court dismissed the claims of all plaintiffs who were members of the
Chivers
class.
See
Dennington
,
The order of the district court is affirmed as modified, and the case is remanded for further proceedings consistent with this opinion.
The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas.
Reference
- Full Case Name
- James STUART, Individually and on Behalf of All Others Similarly Situated; Careda L. Hood, Plaintiffs-Appellees v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant American Insurance Association; Property Casualty Insurers Association of America, Amici on Behalf of Appellant
- Cited By
- 53 cases
- Status
- Published