Shada v. Farmers Ins. Exch.
Annotate this CaseIn 1996, Plaintiff was injured in an automobile accident with an underinsured driver. At the time of the accident, Plaintiff had an automobile insurance policy with Farmers Insurance Exchange (Farmers). In 2001, Plaintiff settled with the underinsured driver. In 2011, Plaintiff filed this action based on contract, alleging that her damages from the accident exceeded the coverage she received from the tortfeasor's insurer and that Farmers had failed to pay "sums available" for her benefit pursuant to her underinsured motorist coverage. Farmers responded by alleging that Plaintiff's action was barred by the statute of limitations or by laches. The district court entered summary judgment for Farmers, concluding that the limitations period commenced when Plaintiff settled with the tortfeasor in 2001 and that her claim was barred by the five-year contract statute of limitations. The Supreme Court reversed, holding (1) the district court erred when it determined that Plaintiff's action accrued upon her settlement with the tortfeasor; and (2) instead, the Court should have applied the Supreme Court's holder in Snyder v. EMCASCO that the action accrues upon the insurer's breach. Remanded.
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