ROBERT SIMMONS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002)
  …reted to cover diminished value. All three District Courts of Appeal that have been faced with the issue before us today have held that the disputed policy language does not provide coverage for diminished value. In Rezevskis v. Aries Insurance Co., 784 So. 2d 472 (Fla. 3d DCA 2001), the court stated: Pursuant to the “repair or replace” limitation of liability in the Aries policy, the insurer’s responsibility is limited to the amount necessary to return the car to substantially the same condition as before t…
• Siegle v. Progressive Consumers Ins. Co., 788 So. 2d 355 (Fla. 4th DCA 2001)
  …urt in Carlton, have concluded that the language in these types of policies is not ambiguous and simply does not obligate the insurer to pay for reduction in market value after completing a quality repair job. See, e.g., Rezevskis v. Aries Ins. Co., 784 So. 2d 472 (Fla. 3d DCA 2001)(adopting the rationale expressed in Carlton); Johnson v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 1, 754 P. 2d 330 (Ariz.Ct.App.1988); Ray v. Farmers Ins. Exch., 200 Cal.App.3d 1411, 246 Cal.Rptr. 593 (1988). Because of the sign…
• Orkin Exterminating Co., Inc. v. DelGUIDICE, 790 So. 2d 1158 (Fla. 5th DCA 2001)
  …ity, does not obligate the insurer to additionally provide diminution damages after it completes a “first-rate repair” which returns the vehicle to its pre-accident level of appearance, performance and function. In Rezevskis v. Aries Insurance Co., 784 So. 2d 472 (Fla. 3d DCA 2001), the third district similarly held that such a “repair or replace” clause in a motor vehicle policy does not place on the insurer the further obligation to pay for the diminution in value caused by the market psychology that a veh…