BARRETT R. SMITH, APPELLANT,
v.
SUPERIOR INSURANCE COMPANY, APPELLEE
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Barrett Smith appeals a summary judgment denying his claim for diminished value of his automobile after it was repaired by his insurer, Superior Insurance Company. The court certified a question of great public importance regarding whether insurers must compensate insureds for diminished value when the policy is silent on the issue. The court held that insurers are not required to compensate for diminished value when the policy provides coverage only for repair or replacement.
No. An insurer is not required to compensate an insured for diminished value of a repaired vehicle when the insurance policy provides coverage for repair or replacement but is silent on the issue of diminished value. The insurer fully performs its obligations under the contract when it pays the cost necessary to repair the vehicle to substantially the same condition as prior to the accident.
[1] An insurer is not required to compensate an insured for the diminished value of a repaired vehicle under a personal automobile insurance policy that provides collision co…
[2] An insurance policy's limit of liability for collision loss is the lesser of the actual cash value of the damaged property or the amount necessary to repair the vehicle,…
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Join FLexlaw to unlock all legal intelligence“IS AN INSURER UNDER A PERSONAL AUTOMOBILE INSURANCE POLICY THAT PROVIDES COLLISION COVERAGE FOR REPAIR OR REPLACEMENT OF THE INSURED VEHICLE, BUT WHICH IS SILENT WITH REGARD TO THE PAYMENT FOR DIMINISHED VALUE OF A REPAIRED VEHICLE, REQUIRED TO COMPENSATE ITS INSURED FOR ANY DIMINISHED VALUE TO THE REPAIRED, INSURED VEHICLE?”
The certified question of great public importance presented to the court
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn December 1995, Mr. Smith's vehicle was damaged in a collision. Superior Insurance Company paid for the repair of the vehicle, which Mr. Smith admit…
The full statement of facts, procedural history, and disposition for this case are member content.
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ALTENBERND, Acting Chief Judge.
Barrett R. Smith appeals a county court order that granted Superior Insurance Company a summary judgment. The judgment denies Mr. Smith’s claim against the insurance company for the diminished value of his automobile after it was damaged in an accident and repaired at Superior Insurance Company’s expense. The county court certified the following question of great public importance:
IS AN INSURER UNDER A PERSONAL AUTOMOBILE INSURANCE POLICY THAT PROVIDES COLLISION COVERAGE FOR REPAIR OR REPLACEMENT OF THE INSURED VEHICLE, BUT WHICH IS SILENT WITH REGARD TO THE PAYMENT FOR DIMINISHED VALUE OF A REPAIRED VEHICLE, REQUIRED TO COMPENSATE ITS INSURED FOR ANY DIMINISHED VALUE TO THE REPAIRED, INSURED VEHICLE?
We accepted jurisdiction. See Fla. R.App. P. 9.030(b)(4)(A). At least in the context of the facts in this case, we answer the certified question in the negative and affirm the summary judgment.
In December 1995, Mr. Smith’s vehicle was damaged in a collision. At the time, Mr. Smith’s vehicle was insured by Superi-or Insurance Company. The insurance policy provided in pertinent part:
Part D — COVERAGE FOR DAMAGE TO YOUR AUTO INSURING AGREEMENT A. We will pay for direct and accidental loss to “your covered auto” ... minus any applicable deductible shown in the declarations. We will pay for loss to “your covered auto” caused by:
“Collision” only if the Declarations indicate that Collision Coverage is provided for that auto. to
LIMIT OF LIABILITY
A. Our limit of liability for loss will be the lesser of the:
1. Actual cash value of the stolen or damaged property; or
2. Amount necessary to repair the vehicle subject to a maximum of 80% of the actual cash value or replace the property.
PAYMENT OF LOSS
We may pay for loss in money or repair or replace the damaged or stolen property.
The Declarations indicated that the policy provided “COLLISION LOSS ACV MINUS $500 DEDUCTIBLE.”
Superior Insurance Company paid for the repair of Mr. Smith’s vehicle. Mr. Smith does not dispute the quality of the repair and admits that the repair is “excellent.” However, Mr. Smith argues that despite the repair, the vehicle has a diminished value as an inherent result of being damaged in a collision. He therefore submitted a claim to Superior Insurance Company for the diminished value of his vehicle.
When Superior Insurance Company denied the claim, Mr. Smith brought suit in county court to recover the amount of the diminished value of his vehicle. The county court granted Superior Insurance Company summary judgment, finding that Superior Insurance Company had fully0 performed its obligations under the insurance contract when it paid the cost necessary to repair Mr. Smith’s vehicle to substantially the same condition as it was in prior to the accident.
Two other district courts, reviewing similarly worded insurance policies, have addressed this issue and have concluded that the plain language of the policies did not provide coverage for the diminished value of a repaired automobile. See Siegle v. Progressive Consumers Ins. Co., 788 So. 2d 355 (Fla. 4th DCA 2001); Rezevskis v. Aries Ins. Co., 784 So. 2d 472 (Fla. 3d DCA 2001). We adopt the reasoning set forth in those two opinions and find that the insurance policy in this case did not require payment for the diminished value of Mr. Smith’s fully repaired vehicle.
Affirmed.
NORTHCUTT and DAVIS, JJ, concur.
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Citator
Cited By
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Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002)…stated: “We adopt the policy set forth in those two opinions [Rezevskis and Siegle ] and find that the insurance policy in this case did not require payment for the diminished value of Mr. Smith’s fully repaired vehicle.” Smith v. Superior Ins. Co., 802 So. 2d 424, 425 (Fla. 2d DCA 2001). In Rezevskis, the court interpreted policy language identical to the disputed contractual text in the instant case. See Rezevskis, 784 So. 2d at 473. In Smith, the policy language differed only marginally. See Smith, 802 So…
Authorities Cited
- Siegle v. Progressive Consumers Ins. Co., 788 So. 2d 355 (Fla. 4th DCA 2001)
- Simmons v. State, 784 So. 2d 472 (Fla. 1st DCA 2001)
- Aigars Rezevskis v. The Aries Ins. Co., 784 So. 2d 472 (Fla. 3d DCA 2001)