Minervino A. Rojas, Sr. And Maria P. Rojas v. State Farm Mutual Automobile Insurance Company

In this diversity case regarding the duty of an insurance company to timely settle the claims of its policy-holders, the Rojases appeal the judgment of the District Court in favor of the defendant State Farm based upon jury verdicts. We affirm.

Rojas was the holder of a State Farm auto insurance policy insuring him and members of his family, among other coverages, against loss caused by collision with uninsured motor vehicles, with policy limits of $15,000/$30,000. In April, 1970, the Rojases were involved in a highway accident while traveling in Florida, resulting in serious injury to some and death to other members of the family. The Rojases claim that the accident was caused by a collision with the vehicle of a hit-and-run motorist whose identity was never established.

State Farm denied liability under the policy on the ground that there was no actual contact between the vehicles, an express condition of the uninsured motorist coverage.

The Rojases offered to settle their claims for $30,000 (the policy limit) less benefits paid if paid on or before February 11, 1971. State Farm rejected the offer of settlement, maintaining its position of non-liability under the…

518 F.2d 85 Minervino A. ROJAS, Sr. and Maria P. Rojas, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants-Appellees. No. 73-3535. United States Court of Appeals, Ninth Circuit. June 9, 1975. 1 Nathaniel J. Friedman, Los Angeles, Cal. (argued), for plaintiffs-appellants. 2 James R. Hammerton, Santa Ana, Cal. (argued), for defendants-appellees. OPINION 3 Before WRIGHT and GOODWIN, Circuit Judges, and EAST, Senior District Judge. * EAST, Senior District Judge: 4 In this diversity case regarding the duty of an insurance company to timely settle the claims of its policy-holders, the Rojases appeal the judgment of the District Court in favor of the defendant State Farm based upon jury verdicts. We affirm. 5 Rojas was the holder of a State Farm auto insurance policy insuring him and members of his family, among other coverages, against loss caused by collision with uninsured motor vehicles, with policy limits of $15,000/$30,000. In April, 1970, the Rojases were involved in a highway accident while traveling in Florida, resulting in serious injury to some and death to other members of the family. The Rojases claim that the accident was caused by a…

(concurring specially):

I concur but rather on the basis that the jury instruction offered by the plaintiffs-appellants was inappropriate to the factual situation presented to the trial court. And the appellants saved no exceptions to the district court’s instructions as given.