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Friday, October 1, 2010

STATE FARM MUT. AUTOMOBILE INS. CO.V. CAMPBELL

STATE FARM MUT. AUTOMOBILE INS. CO.V. CAMPBELL: "The trial court also noted the testimony of two Utah State Farm employees, Felix Jensen and Samantha Bird, both of whom recalled “intolerable” and “recurrent” pressure to reduce payouts below fair value. Id., at 119a (internal quotation marks omitted). When Jensen complained to top managers, he was told to “get out of the kitchen” if he could not take the heat; Bird was told she should be “more of a team player.” Ibid. (internal quotation marks omitted). At times, Bird said, she “was forced to commit dishonest acts and to knowingly underpay claims.” Id., at 120a. Eventually, Bird quit. Ibid. Utah managers superior to Bird, the evidence indicated, were improperly influenced by the PP&R program to encourage insurance underpayments. For example, several documents evaluating the performance of managers Noxon and Brown “contained explicit preset average payout goals.” Ibid."

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