JOHNSON v. ILLINOIS NAT. INS. CO.

No. 2000 CA 1775.

818 So.2d 100 (2001)

Emelda JOHNSON, Individually and as a Representative of All Persons Similarly Situated v. ILLINOIS NATIONAL INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

November 9, 2001.


Attorney(s) appearing for the Case

Jody E. Anderman, Jules B. LeBlanc, III, Baton Rouge (Christopher A. Kesler, Bruce B. Kemp, Sylvia Davidow, Houston, TX, of counsel), Counsel for Plaintiff/Appellant, Emelda Johnson.

William C. Helm, Baton Rouge, Michael P. Corry, Patrick J. Briney, Shannon J. Gremillion, Lafayette, Counsel for Defendant/Appellee, Illinois National Insurance Company.

James L. Donovan, Jr., Metairie, Counsel for Amicus Curiae, National Association of Independent Insurers.

Before: GONZALES, KUHN, and CIACCIO, JJ.


GONZALES, J.

In this appeal, an insured challenges a summary judgment granted in favor of her insurer. The trial court determined that, under the terms of the insurance policy, the insurer was not obligated to compensate the insured for the diminished value of her vehicle that remained after the insurer paid to have the vehicle repaired.

FACTUAL AND PROCEDURAL BACKGROUND

On August 15, 1997, Emelda Johnson's 1993 Chevrolet Cavalier was damaged. Ms...

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