Fisher v. State Farm General Insurance

*208¶22 I dissent from the majority opinion. I would hold that Fisher’s claim was not barred because the necessary elements of res judicata were not present.

¶23 On March 8,1995, Fisher filed a complaint against State Farm and its sales agent, Brian Taylor. Fisher requested contract damages for “the money owed under the insurance contract plus legal interest and costs”.

¶24 On March 14,1996, Fisher filed a second lawsuit against State Farm alleging the tort of wrongful claim handling; specifically that State Farm had violated the UCPA by failing to conduct a reasonable investigation before denying…