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GIVEN v. COMMERCE INSURANCE COMPANY

440 Mass. 207 (2003)

ELENA GIVEN vs. COMMERCE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Bristol.

October 7, 2003.

Attorney(s) appearing for the Case

Nelson G. Apjohn (Augustus F. Wagner, Jr., & David O. Brink with him) for the defendant.

John Peter Zavez (Noah Rosmarin with him) for the plaintiff.

Thomas F. Reilly, Attorney General, & Daniel J. Hammond, Assistant Attorney General, for Massachusetts Division of Insurance, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Spina, Cowin, Sosman, & Cordy, JJ.

SOSMAN, J.

After receiving payment for physical repair to her vehicle following a collision, the plaintiff, Elena Given, sought additional compensation from her automobile insurer, Commerce Insurance Company (Commerce), for her vehicle's "inherent diminished value." Her claim for inherent diminished value (the difference between the market value of her automobile immediately before the accident and its market value postcollision fully repaired) is premised on the...

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