Chick v. Glens Falls Ins.

Full title: TONY CHICK, INDIVIDUALLY AND AS REPRESENTATIVE OF ALL PERSONS SIMILARLY…

Court: Court of Appeals of Texas, First District, Houston

Date published: Nov 6, 2003

No. 01-01-01100-CV (Tex. App. Nov. 6, 2003)

Opinion

No. 01-01-01100-CV.

November 6, 2003.

Appeal from the 333rd District Court, Harris County, Texas, Trial Court Cause No. 99-49973.

Panel consists of Justices HEDGES, JENNINGS, and MIRABAL.¹

1 The Honorable Margaret Garner Mirabal, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

In this appeal from a summary judgment, the issue presented is whether the Texas Standard Personal Auto Policy obligates an insurer to compensate a policyholder for a vehicle's diminished market value when the car has been damaged but adequately repaired. The trial court granted a motion for summary judgment in favor of the appellee insurer, The Glens Falls Insurance Company, on this issue.

The Texas Supreme Court recently addressed this same issue in American Manufacturers Mutual Insurance Company v. Schaefer, holding that the Texas Standard Personal Auto Policy does not obligate the insurer to compensate the insured for the adequately repaired vehicle's diminished market value. 47 Tex. Sup.Ct. J. 40, 45 (October 17, 2003). Accordingly, we affirm the trial court's summary judgment.