Hayes v. Motorists Mutual Insurance

WIEAND, Judge:

This is an appeal from an order denying class certification and directing that plaintiffs’ action proceed as an individual action via compulsory arbitration. The trial court held that plaintiffs had failed to satisfy the adequacy of representation requirement 1 and that their action had failed to satisfy the commonality, typicality, and predominance requisites for class certification. 2 Plaintiffs appealed. We conclude that the trial court did not err or abuse its discretion by determining that the action failed to meet the commonality, typicality, and predominance requirements…