context: P54 In addition, and fundamental to this case, requiring an insurer to compensate the insured for diminished value is completely at odds with the precise disjunctive terms used in the automobile insurance policy at issue, regardless of whether this diminished value results from stigma or tangible imperfections. Indeed, a number of jurisdictions have declined to hold insurers liable for diminished value attributable to irreparable physical damage.
citation_a.signal: see
citation_a.identifier: 249 Wis. 2d 486, 486
citation_a.parenthetical: affirming lower court decision denying compensation for diminished value due to irreparable structural damage
citation_a.sentence: See, e.g., O’Brien, 785 A.2d at 290 (“[u]nder the ‘repair or replace’ limitations on the policy,” the insurer’s “obligation includes neither diminution in value resulting from a ‘market psychology’ nor that resulting from the minute physical imperfections that are inherent to any repair”); Wildin, 249 Wis. 2d at 486 (affirming lower court decision denying compensation for diminished value due to irreparable structural damage); cf. Johnson v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 1, 2, 754 P.2d 330 (Ct. App. 1988) (upholding trial court ruling denying compensation for diminished value where it was unknown whether the decrease in market value was due to physical imperfections, stigma, or both).
citation_b.signal: cf.
citation_b.parenthetical: upholding trial court ruling denying compensation for diminished value where it was unknown whether the decrease in market value was due to physical imperfections, stigma, or both
citation_b.sentence: See, e.g., O’Brien, 785 A.2d at 290 (“[u]nder the ‘repair or replace’ limitations on the policy,” the insurer’s “obligation includes neither diminution in value resulting from a ‘market psychology’ nor that resulting from the minute physical imperfections that are inherent to any repair”); Wildin, 249 Wis. 2d at 486 (affirming lower court decision denying compensation for diminished value due to irreparable structural damage); cf. Johnson v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 1, 2, 754 P.2d 330 (Ct. App. 1988) (upholding trial court ruling denying compensation for diminished value where it was unknown whether the decrease in market value was due to physical imperfections, stigma, or both).