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Smither v. Progressive County Mutual Insurance Co.

The insured cannot recover inherent diminished value under the unambiguous terms of the standard Texas Personal Automobile Insurance Policy as a matter of law.

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AFFIRMED

OPINION

This case presents an insurance coverage issue courts throughout the country are addressing: Is an insurer obligated to pay a first party claim for the inherent diminished value of an insured vehicle following adequate and complete repair of the damaged vehicle? Two distinct lines of authority have emerged on the issue. Following precedent from this court, we find that under the unambiguous terms of the auto insurance policy, the insurer has no obligation to pay inherent diminished value after adequate and complete repairs. We affirm the trial court’s summary judgment in favor of the insurer.

 
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