Plaintiff’s car was damaged in an accident. As provided in her insurance contract, her insurer elected to repair rather than pay for the damaged vehicle. She was unsatisfied with the result and sued her insurer, but lost in the trial court when she did not prove her vehicle could not be repaired to its pre-accident condition in her breach of contract cause of action. She also lost on her contention the insurance company breached its covenant of good faith and fair dealing by writing a contract which eliminates the need to cover diminution in value, which claim the appellate court called “nonsensical.” Carson v. Mercury Insurance Co. (Cal. App. Fourth Dist., Div. 3; October 23, 2012) 210 Cal.App.4th 409.
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