It was a long week for Kim Zilisch. The Motorola accountant had
spent three grueling days taking tests at the Phoenix Civic
Plaza for her CPA license. On Friday night, she finally got to
relax. Her fiancé, Jeff Rosinski, picked her up downtown and
drove her to the inaugural concert at Blockbuster Desert Sky
Pavilion.
Zilisch, 23, was excited. Tall, lanky Rosinski, 27, was so
sweet: He had surprised her with tickets to the Billy Joel show.
She loved the "Piano Man" and looked forward to a
night out with her fiancé after the grind of her exams.
Following a memorable, unseasonably warm evening under the
stars, Rosinski and Zilisch headed back to Mesa. Content and
exhausted, Zilisch dozed off while Rosinski drove.
It was a merciful slumber.
When she awoke two days later in a hospital bed, her body
ached. One of her fingers wouldn't move. She couldn't open her
left eye. When she asked about Rosinski, a hospital staffer told
her he was dead.
After exiting at the Price Road off ramp from the
Superstition Freeway, Rosinski's car had been demolished by a
teenage drag-racer who had sped through two red lights before
T-boning the driver's side of the Pontiac Grand Am. The violent
crash peeled off the roof of Rosinski's car like a lid on a can
of tuna. The dashboard disintegrated, the console rammed into
Zilisch's left leg and the right side of her head was slammed
against the passenger window.
Rosinski was killed instantly. Zilisch, unconscious, had to
be cut out of the car.
A decade after the accident, most of Zilisch's wounds have
healed. She has regained the use of her finger. Indentations on
her left thigh are concealed by her clothing. Her eye, which
remained shut for nearly a year, is open. But the lid droops
slightly and the pupil is permanently dilated and fixed. When
Zilisch looks straight ahead, she can see fine (and she looks
okay to an observer), but if she tries to glance in any
direction, that left eye doesn't move and she sees double
images.
Zilisch has rebuilt her life. She left Motorola because
Rosinski had worked there, too; it was too painful to stay. She
went to graduate school for an advanced degree and is now in a
new job.
Resuming her social life was more difficult. Her eye injury
made her feel ugly, she says. And because her double vision --
and memories of Rosinski -- kept her from participating in what
used to be their favorite sports, she gained weight. That just
added to her low self-esteem, she says.
She was "a downer" to be around, depressed and
prone to crying. Pretty soon friends stopped including her in
their social events.
Going to school again introduced her to new people, but she
felt guilty dating other men. Zilisch says it was four years
after the accident before she was again able to enter into a
relationship.
Today, she is seriously involved with a new man.
Recounting the horrific events of November 9, 1990, Zilisch
maintains her composure. It was, she notes, a long time ago.
Only once do her eyes well up. The tears come not when she
tells about the loss of her fiancé or the brutality of the
accident. No, her voice only catches when she recounts what
happened afterward, when she had to fight her own insurance
company -- State Farm Mutual Automobile Insurance Co. -- to give
her the underinsured motorist coverage she had purchased.
She tells of being subjected to interview after interview as
new claims investigators were assigned to her case and having to
visit five doctors for examinations of her eye. State Farm
refused to accept the fact that her disfiguring eye injury was
indeed permanent. She says the physician State Farm sent her to
yanked her face from side to side to gauge the lack of movement
in her rigid orb. Recounting this episode, Zilisch almost cries.
Then she regains her composure.
"I just wanted the money, the coverage, that I had paid
for," she says. "There's nothing wrong with
that."

What was wrong, according to a Maricopa County Superior Court
jury that eventually awarded her $1 million, was how State Farm
treated Zilisch. The Arizona Court of Appeals as well as the
state Supreme Court agreed.
The state's highest court noted in its March ruling that
there was evidence that State Farm had purposely dragged out
Zilisch's case, ignored repeated opinions that her injury was
permanent, and acted according to its "deliberate practice
of underpaying claims nationwide."
A six-month New Times examination of Arizona cases
involving State Farm, as well as an Internet-assisted search of
court records of similar cases in other states, supports the
conclusion that the treatment Kim Zilisch received from her own
insurance company was no accident. In numerous courtrooms around
the country and in state investigations, a pattern has emerged
showing that State Farm -- the industry giant that insures one
in every five vehicles on the road and one in four homes --
employs company policies aimed specifically at screwing its own
policyholders for the sake of higher profits.
Among the business practices uncovered:
The company routinely tried to "lowball" its own
policyholders who filed claims with them -- particularly those
who were most vulnerable -- by offering them settlement amounts
less than what the claims were actually worth.
For decades State Farm rewarded agents who were successful at
this, even sponsoring contests to see who could most effectively
chisel claims filed by the company's own clients.
While it is impossible to tell how many claimants simply
accept a payment that is less than they are entitled to, those
who dare to challenge State Farm find their cases intentionally
dragged out in an effort to wear them down.
And anyone brave enough to stand up to the company in court
faces a brawny legal department notorious for its oppressive
tactics.
State Farm has denied any wrongdoing in Zilisch's case, says
it always pays what is owed on claims and, despite internal
documents to the contrary, denies ever rewarding its employees
for arbitrarily cutting claim payments.