Court Rules California Couple Entitled to Diminished Value from Mercury Insurance

摘要

The Superior Court of the State of California has ruled that James Scott and Patricia Scott are entitled to diminished value from Mercury Insurance Company, notwithstanding that their vehicle had been repaired. Judgment was entered, and no appeal was filed within 60 days as permitted by California law.Thus, the judgment was made final. What distinguishes this case from all others, says Montie Day, attorney for the plaintiffs, is that it's an "unlimited jurisdiction case," meaning that it has sufficient legal effect, or "collateral estoppel," on future litigation or claims made by Mercury. "Thus, for future claims against Mercury Insurance Company, the doctrine of col- lateral estoppel should bar Mercury from alleging that a claimant is not entitled to consideration for diminished value in California," says Day.