C*****8
发帖数: 1139 | 1 我从这个网页上看到的一个新闻，但是上面没有说这个案子的Case Number。有没有办
法查出来？
愿意用包子谢谢！
http://www.bodyshopbusiness.com/Article/101967/court_rules_cali
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
collateral estoppel should bar Mercury from alleging that a claimant is not
entitled to consideration for diminished value in California,” says Day.
“Furthermore, the denial of such claims on the basis that Californians are
not entitled to claim diminished value against Mercury would be subject to a
violation of the California Insurance Code and should be reported to the
state’s insurance commissioner.”
For years, Day claims that Mercury has denied in California that it or its
insureds are liable for diminished value based upon California law.
“This, among other practices, including suggesting that the victim-claimant
can avoid the damages from diminished value by simply selling the vehicle
to an individual without disclosing that the vehicle was in an accident, has
resulted in Mercury avoiding such liability on a massive scale in that the
average consumer/insured does not have the ability to litigate against such
insurance giants,” says Day.
“If Mercury continues its current practices, the California state insurance
commissioner may bring an action against them, which he has failed to do
for years. Furthermore, it would appear that attorneys, including personal
injury attorneys who have principally ignored this issue, are now obligated
to seek such relief on behalf of the clients and the public against Mercury
and other insurance companies. With respect to Mercury, such attorneys may
use a ‘certified’ copy of the judgment and jury verdict with the
collateral estoppel argument to defeat Mercury’s claim that a claimant-
victim is not entitled to diminished value if the vehicle was repaired.
“This should be a wake-up call on this issue. An attorney has an ethical
duty to represent the claim of the clients for diminished value and not
attempt to limit their professional duties and their liability for
malpractice only to personal injury damages.”
Day cited a 1994 study by the Florida Attorney General that estimated that,
in Florida, insurers were underpaying claims by $1 billion per year. Based
on that data, Day believes the figure in California could be as much as $3
to $4 billion. | h*****a
发帖数: 301 | | C*****8
发帖数: 1139 | 3 谢谢你的回复。
是啊。所有的信息就基于这个新闻。各位行家有没有办法？
【在 h*****a 的大作中提到】
: 不知道county不知道court
| h*****a
发帖数: 301 | 4 CA superior court就那么几个，一个个上去用James Scott查 | C*****8
发帖数: 1139 | 5 Thank.
I will try.
【在 h*****a 的大作中提到】
: CA superior court就那么几个，一个个上去用James Scott查
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