Smither v. Progressive County Mutual Insurance Co.
Texas Court of Appeals, 14th District (Houston)
1Opinion of the Court
OPINION
KEM THOMPSON FROST, Justice.
This case presents an insurance coverage issue courts throughout the country are addressing: Is an insurer obligated to pay a first party claim for the inherent diminished value of an insured vehicle following adequate and complete repair of the damaged vehicle? Two distinct lines of authority have emerged on the issue. Following precedent from this court, we find that under the unambiguous terms of the auto insurance policy, the insurer has no obligation to pay inherent diminished value after adequate and complete repairs. We affirm the trial court’s…
2Cases cited32 opinions
- Rhone-Poulenc, Inc. v. SteelTexas Supreme Court · 1999
- Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
- Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001
- CU Lloyd's of Texas v. FeldmanTexas Supreme Court · 1998
- Luna v. North Star Dodge Sales, Inc.Texas Supreme Court · 1984
27 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003
- Culhane v. Western National Mutual Insurance Co.South Dakota Supreme Court · 2005
- Frontier Logistics, L.P. v. National Property Holdings, L.P.Court of Appeals of Texas · 2013
- Black v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Tennessee · 2002
- State & County Mutual Fire Insurance Co. v. MacIas, Texas Court of Appeals, 13th District2002
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