Moeller v. Farmers Ins. Co. of Washington

¶57 (concurring in dissent) — I agree with the dissent written by Chief Justice Madsen. I write simply to express my view that the trial court committed an additional error in granting class action certification.

¶58 Farmers Insurance Company of Washington and Farmers Insurance Exchange (collectively Farmers) contend that the trial court erred in certifying the class because David Moeller, representing the class, failed to satisfy CR 23(b)(3). I agree. Under that rule, class certification may be maintained only if the court “finds that the questions of law or fact common to the members of the…