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Woman's contract and fraud claims against State Farm are summarily dismissed

In a series of rulings, the Court of Appeals upheld the summary disposition of Loretta Leggett's lawsuit against State Farm and her insurance agent.  Leggett had sued after a 2004 car accident, arguing that she had sought "full coverage" for her car and should have been provided with uninsured motorist coverage. The Court held that the six-year contract statute of limitations applied, starting on the date the insurance policy was bought, and therefore it had run before Leggett filed suit; she had argued that the time should not have commenced to run until she was injured and "discovered" her claim.

The Court also held that Leggett's fraud claim was based on "mere speculation" and dismissed those arguments.  Leggett argued that State Farm's destruction of her related policy purchase documents was evidence that it was "covering up" her request for UM coverage.  Despite the fact that Leggett had insured 9 vehicles with the defendant and always purchased UM coverage, that her agent admitted recommending such coverage, and that there was testimony confirming the "normal" maintenance of related records for years, the Court held that this circumstantial evidence was not sufficient to go to trial on the issue.


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