Lary v. Valiant Insurance Co.

1 Citing case

  1. Lary v. Gardener

    908 So. 2d 955 (Ala. Civ. App. 2005)   Cited 7 times
    In Lary, Lary sued Gardener for negligently causing an automobile accident that damaged Lary's automobile and sued Gardener's liability-insurance carrier for allegedly acting in bad faith by failing to investigate the automobile accident and by failing to pay liability benefits under Gardener's policy to Lary.

    Accord, Restatement (Second) of Torts, ยงยง 911, 928 (1979); see generally W.E. Shipley, Annotation, "Measure of Damages for Conversion or Loss of, or Damage to, Personal Property Having No Market Value," 12 A.L.R.2d 902 (1950). In this case, Lary's Lexus was clearly not an undamaged vehicle when it was struck by Gardener's automobile. As we noted in Lary v. Valiant Insurance Co., 864 So.2d at 1108, Lary's insurer ultimately concluded that the Lexus was rendered a total loss, i.e., that further repair attempts would cost more than any value the Lexus might have had, as a result of flooding that took place before the collision involving the Lexus and Gardener's vehicle. Apparently because of the status of the Lexus as a "total loss" after incurring flood damage, Lary opined in his original interrogatory responses that the Lexus had no market value immediately before or after the collision with Gardener's automobile.