Max of Switzerland, Inc. v. Allright Corp.

OPINION

WEISBERG, Judge.

Max of Switzerland, Inc. (“Max”) appeals from the trial court’s dismissal of its claims for property damage above and beyond the cost of repairs to its vehicle, for which All-right Corporation of Delaware (“Allright”) had already paid Max’s insurer. We conclude that Max has not lost its claims for diminution in value, loss of value, and loss of use (“remaining property damage claims”) for which its insurer was not subrogated and thus could not settle. We therefore reverse and remand in part. We also affirm the trial court’s denial of sanctions against Max.

FACTUAL AND…