SIEGLE v. PROGRESSIVE CONSUMERS INS. CO.

No. 4D00-1503.

788 So.2d 355 (2001)

Carole M. SIEGLE, Appellant, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 2001.


Attorney(s) appearing for the Case

Mike Peacock and W. Christian Hoyer of James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, Debra Brewer Hayes and Dennis Reich of Reich & Binstock, Houston, Texas, and Michael L. Sprain of the Sprain Law Firm, P.C., Houston, Texas, for appellant.

Douglas Stein and Francis A. Anania of Anania, Bandklayder, Blackwell, Baumgarten & Torricella, Miami, for appellee.


STEVENSON, J.

We sua sponte withdraw our May 2, 2001 opinion and issue the following in its place.

In this appeal, we must decide whether the insured is entitled to the "diminished market value" of her previously-wrecked automobile after the insurer elected to repair the vehicle under the parties' collision insurance contract. We hold that having restored Siegle's vehicle to its pre-accident level of performance, appearance and function, and having...

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