Mark Solheim and David Linder recently obtained a ruling from the Eighth Circuit Court of Appeals affirming the dismissal of class action complaints which asserted that automobile insurers breached the terms of their policies by allegedly failing to provide statutory premium discounts for cars with certain anti-theft devices. Writing for the Court, Judge Diana Murphy held that, because the statute upon which the plaintiffs relied did not provide a private right of action, the plaintiffs could not use a breach of contract claim to circumvent the legislature’s decision not to adopt a cause of action in the statute itself. After issuing its decision, the Court of Appeals subsequently denied the plaintiffs’ petition for rehearing which asked the Court to certify the statutory interpretation question to the Minnesota Supreme Court. The Eighth Circuit’s opinion can be found at 666 F.3d 1081 (8th Cir. 2012).
