Legal Opinion
Elena Given v. Commerce Insurance
Massachusetts Supreme Judicial Court
Decided October 7, 2003PublishedCited by 38 opinions
1Opinion of the CourtSosman, J.
After receiving payment for physical’repair to her vehicle following a collision, the plaintiff, Elena Given, sought additional compensation from her automobile insurer, Commerce Insurance Company (Commerce), for her vehicle’s “inherent diminished value.” Her claim for inherent diminished value (the difference between the market value of her automobile immediately before the accident and its market value postcollision fully repaired) is premised on the theory that some stigma attaches to the vehicle from its involvement in a prior collision, such that its market value is diminished despite…
2Cases cited16 opinions
- Hazen Paper Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1990
- Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
- J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
- Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001
- Continental Casualty Co. v. Gilbane Building Co.Massachusetts Supreme Judicial Court · 1984
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003
- Okmyansky v. Herbalife International of America, Inc.Court of Appeals for the First Circuit · 2005
- Allgood v. Meridian Security Insurance Co.Indiana Supreme Court · 2005
- Golchin v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 2011
- Culhane v. Western National Mutual Insurance Co.South Dakota Supreme Court · 2005
33 more not listed; retrieve them via the Exa API.