Kristine E. Lierboe, Individually and on Behalf of All Others Similarly Situated v. State Farm Mutual Automobile Insurance Company, a Corporation
Opinion
Opinion
Gould, J.
We decide whether to vacate a district court’s class certification following a subsequent ruling that the class’s sole named plaintiff has no cognizable claim. Because the class is inadequately represented, we vacate the class certification and remand with instructions to dismiss.
I
On September 9, 1996, while riding as a passenger in a Jeep Cherokee that she owned and that State Farm Mutual Automobile Insurance Company (“State Farm”) insured, Kristine Lierboe sustained serious injuries in a car accident. She alleges that her combined medical bills exceeded the Jeep policy’s medical payment coverage, which was subject to a “cap” or limit of $5,000.
Lierboe sought additional coverage under a separate State Farm policy for a Dodge Dakota pickup (“Dodge”) owned by, and listing as the named insured, her closely-held business, Shining Mountain Design and Construction, Inc. The Dodge policy stated that State Farm afforded no coverage for “injury ... sustained while occupying ... a vehicle owned or leased by you or any relative, which is not insured under this coverage.” Based on that language in the policy, State Farm denied coverage.