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MANGUNO v. PRUDENTIAL PROPERTY AND CAS. INS. CO.

No. 01-30411.

276 F.3d 720 (2002)

Merle MANGUNO, Individually and as a representative of all persons similarly situated, Plaintiff-Appellant, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 2002.

Attorney(s) appearing for the Case

Sylvia Gerald Davidow, Anita Kawaja, Fleming & Associates, T. Gerald Treece (argued), Houston, TX, Jody Edward Anderman, LeBlanc, Maples & Waddell, Baton Rouge, LA, for Plaintiff-Appellant.

David Robert Kelly, Cullen J. Dupuy (argued), Breazeale, Sachse & Wilson, Baton Rouge, LA, for Defendant-Appellee.

Before JONES and DeMOSS, Circuit Judges, and FELDMAN, District Judge.

FELDMAN, District Judge:

In November, 1993, Merle Manguno's 1990 Lincoln Towncar was damaged in an accident. Manguno's insurer, Prudential Property and Casualty Insurance Company, paid her for the repair of the car, but not for the difference between the car's pre-loss value and its value after the repairs (its "diminished value"). Manguno's insurance policy provides that Prudential's liability is limited to the least of (1) the actual cash value of the damaged car...

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