State Farm Mutual Automobile Insurance v. Farmers Insurance Exchange

In my opinion the majority appear to place some confidence in the result reached by treating the case as one in equity. Whether the case is in equity or at law, the legal principles are the same where the facts are not in dispute and there are no facts from which divergent conclusions can reasonably be drawn. The facts being admitted, the result reached depends upon the principles of law applied.

The majority state that the question in the case is “whether or not the defendant insurer used due diligence to secure” the attendance of the insured at the trial. They then argue that for the insurer…