December 7, 2022

Volume XII, Number 341

Advertisement

December 07, 2022

Subscribe to Latest Legal News and Analysis

December 06, 2022

Subscribe to Latest Legal News and Analysis

December 05, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Washington Supreme Court Affirms Class Certification and Post-Accident Diminution in Value Award to Automobile Insureds

On December 22, 2011, in Moeller v. Farmers Ins. Co, of Washington, a 5-3 majority of the Washington Supreme Court affirmed lower court rulings in favor of a plaintiff class of automobile insureds seeking breach of contract damages against their insurer for failure to compensate them for the diminished value of a postaccident, repaired car.

The Supreme Court acknowledged that a majority of other jurisdictions have previously denied coverage for diminished value because an automobile policy's reference to "repair or replace" unambiguously encompasses only a concept of tangible, physical value. But the Court disagreed with this view, emphasizing that Washington law imposes "presumptions in favor of the insurance consumer that are inherent in the rules of construction regarding insurance contracts." The Court explained that, it "must read an insurance contract as an average person would read it" and that, from the point of view of the consumer, "the reasonable expectation is that, following repairs, the insured will be in the same position he or she enjoyed before teh accidentenenjoyed before the accident."   
enjoyed before the accident."   
 

© 2002-2022 by Williams Kastner ALL RIGHTS RESERVEDNational Law Review, Volume I, Number 360
Advertisement
Advertisement
Advertisement

About this Author

Darren A. Feider Attorney Williams Kastner Law Firm
Member

Darren Feider is a Member in the Seattle office. His practice involves general employment litigation of wrongful discharge and discrimination claims, the drafting of employment and consulting contracts, non-compete agreements and severance packages for both employees and employers, and conducting investigations for private and public employers in response to EEOC and Washington State Human Rights Commission complaints. He has represented employers in unpaid wage actions. He also handles general commercial litigation.  

Experience

...
206-233-2906
Advertisement
Advertisement
Advertisement