The following cases illustrate some of the Perry Law P.C.’s Insurance Industry Group’s experience in handling Depreciation/Betterment/Diminished Value matters:


Case Summary

Richard Franklin, No. 3:10-cv-05183-BHS, U.S. District Court for the Western District of Washington (Tacoma). Lead counsel. This was a putative nationwide class action filed in Washington federal court under the Class Action Fairness Act against several of the carrier’s companies. The plaintiff alleged that he and the class should have been compensated for the alleged “diminished value” of his automobile during the adjustment and payment of his uninsured motorist property damage claim. The client successfully defeated the plaintiff’s motion to certify the case as a class action.

Case Result

Class action denied


Case Summary

Lauren Kaufman, et al. v. Allstate Insurance Company, et al.; Superior Court of New Jersey Law Division – Monmouth County; Docket No. MON-L-5667-07. Lead counsel. In this putative class action, the nine Kaufman plaintiffs alleged that their vehicles had “diminished value” after being involved in accidents and that their particular insurer defendant failed to provide coverage for the diminished value of their vehicles. Defendants removed the case to federal court. The case was finally returned to state court which resulted in dismissal of all claims against the client.

Case Result

Dismissed


Case Summary

Teresa Morse on behalf of herself and all others similarly situated, Cause No. 02-11367-D, County Court at Law No. 4, Dallas County, Texas. Lead counsel. This putative class action sought compensation for diminution of a vehicle’s value after an accident under their Texas uninsured motorist policies.

Case Result

Dismissed