Senter v. Tennessee Farmers Mutual Insurance Co.

702 S.W.2d 175, 1985 Tenn. App. LEXIS 3088
CourtCourt of Appeals of Tennessee
DecidedAugust 14, 1985
StatusPublished
Cited by15 cases

This text of 702 S.W.2d 175 (Senter v. Tennessee Farmers Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Senter v. Tennessee Farmers Mutual Insurance Co., 702 S.W.2d 175, 1985 Tenn. App. LEXIS 3088 (Tenn. Ct. App. 1985).

Opinions

OPINION

GODDARD, Judge.

Dr. Riley S. Senter, Plaintiff-Appellant, appeals certain actions of the Trial Judge in this jury case against Tennessee Farmers Mutual Insurance Company, Defendant-Appellee. This case involves a dispute as to repairs made under an insurance policy upon the Plaintiff’s automobile.

On appeal Dr. Senter raises four issues: (1) whether the Court erred in its jury charge, (2) whether the Court erred in allowing testimony as to the car’s condition more than 17 months after repairs had been made, (3) whether the Court erred in making comments about witnesses in the presence of the jury, and (4) whether the Court erred in directing a verdict against Dr. Senter in his claim for rental value of a replacement automobile.

On June 9, 1982, Mrs. Senter was involved in an accident which damaged Dr. Senter’s 1982 Buick Riviera. The Senters notified Tennessee Farmers Mutual Insurance (TFM) which had issued a policy covering the car. Dickie Reasonover, a claims adjuster for TFM, prepared a repair estimate in the amount of $5793.17.1 After Dr. Senter was notified that TFM intended to repair instead of replace the automobile he retained Attorney William A. Newcomb to represent him.

Mr. Reasonover sent a letter to Mr. New-comb on July 13, 1982, requesting that authorization be given to start repairs. Mr. Newcomb did not respond until September 10, 1982, when he sent a letter to Mr. Reasonover which listed five items to be repaired that were not on Mr. Reason-over’s estimate. Repairs were finally begun on October 4, 1982. After the car was repaired, Mr. Reasonover sent a release form to Dr. Senter which he never signed. TFM heard nothing further from Dr. Sen-ter until this suit was filed in March 1983.

The first issue raised by Dr. Senter is whether the Trial Judge erred in his charge to the jury. The portion of the charge objected to is as follows:

[177]*177An insurance company does not have to repair an automobile so as to make it exactly the same as it was before the accident.
I further charge you that the word “value,” as spoken of here does not mean value as based on psychological factors or feelings of prospective purchasers of the vehicle, but rather value as it relates to the function and appearance of the vehicle. In other words, if the vehicle has been repaired substantially to its function and appearance, then the company has fully performed its obligation even though the vehicle might not sell for as much if a prospective purchaser learned the vehicle had been wrecked.

Dr. Senter contends that the Judge’s charge limits the factors available to the jury in determining whether TFM had substantially restored the automobile’s function, appearance, and value, by not allowing psychological factors of the prospective purchaser to be used in the determination of the fair market value of a wrecked vehicle.

The earliest Tennessee case which is pertinent to this issue is Stoops v. Fire Insurance Co., 160 Tenn. 239, 22 S.W.2d 1038 (1930). In Stoops the plaintiff wrecked his automobile. Its value just prior to the accident had been $2000. The cost to repair the vehicle was $1100. This action was brought claiming an additional amount as depreciation in the value of the car which the repairs could not restore. The Court’s opinion does not make it clear whether the depreciation was caused by the vehicle’s status as “wrecked” or whether the repairs would be ineffective to totally restore the automobile. However, the Court’s holding is certainly broad enough to encompass either situation (160 Tenn. at 247; 22 S.W.2d at 1040):

The effect of the chancellor’s decree herein is that the cost of repairs and replacement, reported by the appraisers as $1,100, is not the full measure of the insurance to which appellee is entitled, unless such repairs and replacements will restore the value possessed by the automobile at the date of the accident. In this we concur, and the decree of the chancellor will be affirmed. The cause will be remanded for further proceedings as ordered by the chancellor.

Mason v. Tennessee Farmers Mut. Ins. Co., 640 S.W.2d 561, 566 (Tenn.App.1982), another case cited by the parties, states:

The law in Tennessee is well-established that any option which an insurance company may have as to repair or replacement of the property is not an absolute right. Rather, it is conditioned on whether the property can be substantially restored to its fair market value immediately prior to the loss. If this cannot be done, the sole method of complying with the insurance contract is to pay to the insured the loss of value. Stoops v. First American Fire Insurance Co., 160 Tenn. 239, 22 S.W.2d 1038 (1930); Weems v. Service Fire Insurance Co. of New York, 181 Tenn. 1, 178 S.W.2d 377 (1944); England v. Tennessee Farmers Mutual Insurance Co., (Tenn.App., filed November 21, 1980).

England v. Tennessee Farmers Mutual Insurance Co., supra, states the responsibilities of the insurer in broader terms:

Where an insurer properly exercises its option to repair damaged property, it tacitly represents that it will substantially restore the vehicle as to function, appearance and value.

This was the formulation of the rule used by the Trial Court and we believe it is a correct statement of the law. However, while these cases do illustrate the duties of the insurer if he elects to repair, they do not address the question of whether recovery can be had for diminution of value despite the fact that the automobile has been restored to its former function and appearance.

The only case which appears to be in point is Potomac Ins. Co. v. Wilkinson, 213 Miss. 520, 57 So.2d 158, 160 (1952). The Mississippi Court in a similar fact situation found that:

The reasonable market value of the car after full repairs is the basis of estimate. [178]*178Such value may not include a sentimental or subjective sense of depreciation, although it would not in a proper case exclude such depreciation as may be caused in market value by its status as a wrecked car.
... Instructions predicated upon partial loss should submit as a basis of estimate the cost of all repairs necessary and adequate to restore its former function and efficiency. If such repairs can restore also its market value as of the date of the damage, such cost of repair is the measure of liability. If, despite such repairs, there yet remains a loss in actual market value, estimated as of the collision date, such deficiency is to be added to the cost of the repairs. It is not the value to the owner which controls, but the value to those who constitute the market in used cars.

We agree with the Mississippi Court and we find that the Trial Court erred in his instructions as to fair market value. Each of the three factors — function, appearance, and value — must be substantially restored.

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Senter v. Tennessee Farmers Mutual Insurance Co.
702 S.W.2d 175 (Court of Appeals of Tennessee, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
702 S.W.2d 175, 1985 Tenn. App. LEXIS 3088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senter-v-tennessee-farmers-mutual-insurance-co-tennctapp-1985.