California Supreme Court lets appellate decision stand against State Farm

September 11, 2019 – The California Supreme Court today denied State Farm’s request that the court consider overturning an appellate decision in favor of firm client Aaron Samsky awarding him the costs (including attorney’s fees) of his having to prove certain matters in an underinsured motorist case.  That appellate decision unanimously reversed a finding against the client, and sent the matter back to the trial court to determine the amount of the award in his favor.  The Supreme Court also denied State Farm’s request to depublish that decision.  “The appellate decision is extremely significant,” firm partner David Given said.  “It clearly holds that a party like State Farm who denies a request for admission later proved has the burden to show that its denial was reasonable.  State Farm didn’t do that here.”  The firm expects to be back in the trial court shortly and to ask for an enhanced cost and fee award.  “Given the circumstances, it was ludicrous that State Farm wouldn’t admit that our client wasn’t at fault for being rear-ended,” Mr. Given said.  Further proceedings in the trial court are pending.