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HOP v. SAFECO INS. CO. OF ILLINOIS

No. DA 10-0601.

261 P.3d 981 (2011)

2011 MT 215

361 Mont. 510

Timothy HOP, individually and on behalf of all others similarly situated, Plaintiff and Appellee, v. SAFECO INSURANCE COMPANY OF ILLINOIS, Defendant and Appellant.

Supreme Court of Montana.

Decided August 30, 2011.

Rehearing Denied October 4, 2011.

Attorney(s) appearing for the Case

For Appellant: Carey E. Matovich , Brooke B. Murphy , Matovich, Keller & Murphy, P.C., Billings, Montana.

For Appellee: Christopher R. Angel , Brian P. Fay , Angel, Coil & Bartlett, Bozeman, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Timothy Hop's automobile was damaged in an accident with a Safeco insured. In addition to the costs of repair, Hop sought "residual diminished value" (RDV) for his vehicle. RDV is the difference between the value of a vehicle immediately before an accident and the value of the vehicle after post-accident repairs have been made. When Safeco failed to pay RDV, Hop moved the Eighteenth Judicial District...

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