Legal Opinion
Davis v. Farmers Insurance Co. of Arizona
New Mexico Court of Appeals
Decided June 13, 2006No. 25,312PublishedCited by 12 opinions
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} The dispute in this case concerns coverage under an automobile insurance policy. The question in this appeal is whether, under Plaintiffs collision coverage, Farmers Insurance Company (Farmers) must pay for the vehicle’s loss of market value on top of adequately repairing the damaged vehicle. The trial court granted summary judgment in favor of Farmers and Plaintiff appeals.
{2} This is an issue of first impression in New Mexico. There is a nationwide split in authority on whether, under policies like Plaintiffs, insureds can recover the diminished market value of…
2Cases cited25 opinions
- American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001
- Siegle v. Progressive Consumers Ins. Co.Supreme Court of Florida · 2002
- Rummel v. Lexington InsuranceNew Mexico Supreme Court · 1997
20 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moeller v. Farmers Ins. Co. of WashingtonWashington Supreme Court · 2011
- United Nuclear Corp. v. Allstate InsuranceNew Mexico Supreme Court · 2012
- Moeller v. Farmers InsuranceCourt of Appeals of Washington · 2010
- City of Santa Rosa v. Twin City Fire InsuranceNew Mexico Court of Appeals · 2006
- Moeller v. Farmers Ins. Co. of WashingtonCourt of Appeals of Washington · 2010
7 more not listed; retrieve them via the Exa API.