from which class members would be derived, take into account comparative fault in determining whether the insured was made whole whereas others do not. Compare Williams v. Delta International Machinery Corp., 619 So.2d 1330 (Ala.1993) (Alabama does not recognize comparative fault) with Sorge v. National Car Rental System, Inc., 182 Wis.2d 52, 512 N.W.2d 505 (1994); and Adamson v. City of Lafayette, 521 So.2d 1258 (La.App.3d Cir. 1988) (including comparative fault in the “make whole” calculus). Similarly, the states are not unified on the issue of whether the “made whole rule” may be altered by written agreement between the insurer and the insured. Compare Willard v. Auto. Underwriters, Inc., 407 N.E.2d 1192 (Ind.Ct.App. 1980) and Collins v. Wilcott, 578 So.2d 742 (Fla. 5th DCA 1991) (<HOLDING>) with Rimes v. State Farm Mutual Auto. Ins.,
holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer holding that there is an actual controversy between an insurer and the party injured by the insured holding that an insurer can deny benefits based on late notice by the insured only when the insurer is prejudiced by the delay recognizing that an agreement between the insurer and the insured can modify the common law make whole concept