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TOWNSEND v. STATE FARM MUT. AUTO. INS. CO.

No. 34,901-CA.

793 So.2d 473 (2001)

Harry TOWNSEND, individually and as a Representative of all persons similarly situated, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 22, 2001.

Attorney(s) appearing for the Case

Sam N. Gregorio, Shreveport, LeBlanc & Waddell By Jody E. Anderman, Baton Rouge, Counsel for Appellant.

Stone, Pigman, Walther, Wittmann & Hutchinson By Wayne J. Lee, New Orleans, Casten & Pearce By Marshall R. Pearce, Shreveport, Counsel for Appellee.

Before STEWART, GASKINS and DREW, JJ.

STEWART, J.

At issue in this appeal from a summary judgment is whether an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company ("State Farm"), allows the insured to recover the "diminished value" of the automobile, in addition to the cost to repair, in first-party claims when adequate repairs are made. The trial court concluded that the State Farm policy does not provide for recovery of diminished value in first-party claims and granted...

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