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Cammarata, et al v. State Farm Mutual (victory over insurance company)

posted Sep 6, 2009, 11:31 PM by Benicia Livorsi   [ updated Sep 6, 2009, 11:53 PM ]
In this 1997 case, State Farm was sued for vexatious refusal to pay chiropractic claims incurred by a car passenger and the insured driver.  Both the driver and the passenger sued, claiming that their chiropractor was a health care provider as defined by the policy.  The driver and passenger won at trial and received their health care costs and attorney fees.  State Farm sued.  Benicia Livorsi successfully argued that the Court of Appeals should dismiss the case for lack of appellate jurisdiction. 
 
Jurisdiction is a legal term that defines the authority of a court to act.  In Missouri, judges and courts are assigned to certain types of cases.  In this case, claims under $5000 needed to be appealed differently than claims over $5000 and attorney's fees don't count in that amount.  As a result, State Farm's appeal was dismissed. 
 
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