Chick, Tony, Individually and as Representative of All Persons Similarly Situated v. the Glen Falls Insurance Company ( 2003 )

  In The

Court of Appeals

For The  

First District of Texas

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NO. 01-01-01100-CV  

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TONY CHICK, INDIVIDUALLY AND AS REPRESENTATIVE OF ALL PERSONS SIMILARLY SITUATED, Appellant

V.

THE GLENS FALLS INSURANCE COMPANY, Appellee

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On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 99-49973

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MEMORANDUM OPINION

          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.

                                                   PER CURIAM

Panel consists of Justices Hedges, Jennings, and Mirabal.