Legal Opinion

Culhane v. Western National Mutual Insurance Co.

South Dakota Supreme Court

Decided September 7, 2005No. NonePublishedCited by 32 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] An automobile was involved in a single car accident triggering the collision coverage in a personal automobile policy. The insurer tendered the total cost of repairs. However, the insureds contended that they were also entitled to any diminished market value that existed after the vehicle was physically and mechanically repaired to its former condition. The trial court granted partial summary judgment in favor of the insureds, allowing them to present evidence of post-repair diminished market value. The trial court also permitted the insureds to proceed on a claim…

2Cases cited56 opinions

  1. Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
  2. American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003
  3. Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001
  4. Siegle v. Progressive Consumers Ins. Co.Supreme Court of Florida · 2002
  5. Schulmeyer v. State Farm Fire & Casualty Co.Supreme Court of South Carolina · 2003

51 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Zochert v. Protective Life Ins. Co.South Dakota Supreme Court · 2018
  2. DeHaven v. HallSouth Dakota Supreme Court · 2008
  3. Swenson v. Auto-Owners Insurance Co.South Dakota Supreme Court · 2013
  4. Detmers v. CostnerSouth Dakota Supreme Court · 2012
  5. Davis v. Farmers Insurance Co. of ArizonaNew Mexico Court of Appeals · 2006

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API