TOERNER v. HENRY

No. 2000 CA 2934.

812 So.2d 755 (2002)

John G. TOERNER v. Elvira HENRY and Safeway Insurance Company of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 1, 2002.


Attorney(s) appearing for the Case

Walter Antin, Jr., Hammond, Counsel for Plaintiff/Appellee John G. Toerner.

James Brady, Lafayette, Counsel for Defendants/Appellants Elvira Henry and Safeway Insurance Company of Louisiana.

Before: FITZSIMMONS, DOWNING, and LANIER, JJ.


FITZSIMMONS, J.

Plaintiff, Mr. John G. Toerner, and defendant, Elvira Henry, were involved in an accident. Ms. Henry's insurer, Safeway Insurance Company (Safeway), reimbursed Mr. Toerner's insurer for repairs to the Toerner vehicle. However, Mr. Toerner made an additional claim to Safeway for the diminished value of the vehicle that could not be repaired. Proof of the claim, including amounts related to repair, insurance, and "inherent" diminished value, was forwarded...

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