The Illinois Supreme Court issued its decision to overturn the billion dollar Avery vs. State Farm suit. The suit, which had been deliberated for nearly three years, alleged that the insurer deceived policyholders by specifying the use of non-OEM parts for collision repairs. *
The court ruled that a Williamson County Circuit Court erred in certifying a nationwide class in the Avery case due to conflicting language in different policies.
In the1999 case, a jury had decided in favor of the plaintiff resulting in a judgment against State Farm amounting to more than $1 billion. In 2001, the Fifth Appellate Court affirmed the ruling, leaving State Farm liable for $1.056 billion.
This does not alter our policy concerning aftermarket parts in place before Avery and in place today, said Bob Redding, ASA's Washington, D.C., representative. Consumers should have the right to know what types of replacement crash parts are being used in the repair of their vehicles and consent to those parts being used in the repair.
To view the opinion of the Illinois Supreme Court, visit www.TakingTheHill.com. A link to the opinion is on the site's home page.
