Caddell & Chapman obtained certification of a class of Arizona State Farm insureds in a class action lawsuit over State Farm’s failure to reimburse them for repairs to leaking polybutylene (PB) pipe in their homes. Plaintiffs alleged that State Farm breached their insurance policies by failing to pay the costs incurred in tearing out and replacing the part of the structure necessary to replace the PB piping after the plumbing system developed leaks.
Caddell & Chapman prevailed against State Farm’s attempt to have the case dismissed at the pleading stage in September 2008, and on November 10, 2009, obtained a Report and Recommendation from the Magistrate Judge recommending the District Judge deny State Farm’s attempt to have the case dismissed on summary judgment. The Magistrate then recommended that the class be certified, and the district court adopted this recommendation. On December 20, 2014, the district court denied State Farm’s motion to decertify the class, and the case is currently set for trial.
The case is Guadiana vs. State Farm Fire and Casualty Company, No. 07-326-TUC-FRZ (D. Ariz.).