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SMITHER v. PROGRESSIVE COUNTY MUT. INS. CO.

No. 14-01-00064-CV.

76 S.W.3d 719 (2002)

Julia SMITHER, Individually and as Representative of All Persons Similarly Situated, Appellants, v. PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

April 25, 2002.

Attorney(s) appearing for the Case

Anita F. Kawaja, Christopher A. Kesler, Jon T. Powell, Reagan M. Brown, Houston, for appellants.

Sylvia Davidow, Houston, for appellees.

Panel consists of Chief Justice BRISTER and Justices ANDERSON and FROST.

OPINION

KEM THOMPSON FROST, Justice.

This case presents an insurance coverage issue courts throughout the country are addressing: Is an insurer obligated to pay a first party claim for the inherent diminished value of an insured vehicle following adequate and complete repair of the damaged vehicle? Two distinct lines of authority have emerged on the issue. Following precedent from this court, we find that under the unambiguous terms of the auto insurance...

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