Allgood v. Meridian Sec. Ins. Co., 49A02-0307-CV-580.
| Decision Date | 04 August 2004 |
| Docket Number | No. 49A02-0307-CV-580.,49A02-0307-CV-580. |
| Citation | 812 N.E.2d 1065 |
| Parties | Christina M. ALLGOOD, Individually and on behalf of all others similarly situated, Appellant-Plaintiff, v. MERIDIAN SECURITY INSURANCE COMPANY, Appellee-Defendant. |
| Court | Indiana Appellate Court |
Irwin B. Levin, Scott D. Gilchrist, Eric S. Pavlack, Cohen & Malad, LLP, James Keller, Keller & Keller, James H. Young, Young & Young, Indianapolis, IN, Attorneys for Appellant.
Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Indianapolis, IN, Attorneys for Appellee.
Robert B. Clemens, George T. Patton, Kathleen I. Hart, Bose McKinney & Evans, LLP, Indianapolis, IN, Attorneys for Amici Curiae.
Meridian Security Insurance Company insured a vehicle owned by Christina Allgood. After the vehicle sustained a loss, Meridian paid for repairs but refused to pay for the diminished value of the vehicle. Allgood sued, seeking a diminution in value payment. The trial court dismissed her complaint for failure to state a claim upon which relief could be granted. On appeal, we held that Allgood was entitled to a diminution in value payment upon proper proof, and therefore reinstated her complaint and remanded to the trial court for further proceedings. Allgood v. Meridian Security Ins. Co., 807 N.E.2d 131 (Ind.Ct. App.2004). Meridian has petitioned for rehearing, and the Insurance Institute of Indiana, Property Casualty Insurers Association of America, and National Association of Mutual Insurance Companies, all insurance trade associations, have moved to appear as amici curiae substantively aligned with Meridian. We grant Meridian's petition and the motion of the proposed amici curiae for the limited purpose of addressing certain "practical consequences" predicted by them as a result of the opinion, but reaffirm our earlier decision in all respects.
As Allgood's response to the petition for rehearing points out, most of Meridian's arguments are merely restatements of legal arguments we rejected in the earlier appeal. For instance, Meridian argues again that the plain language of the policy at issue does not provide coverage for diminution in value, and that the weight of authority from other jurisdictions holds that diminution in value is not recoverable. We addressed each of these legal arguments in our earlier opinion and do not need to do so herein. However, we will address the public policy argument Meridian and the amici curiae make centering on the negative impact they say the opinion will have on the insurance industry, which is also a new argument.
Meridian notes that what was once a "straightforward process" of evaluating and compensating insureds for...
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