Rizzo v. Merchant's Businessmen's Mutual Insurance Company

In Rizzo v. Merchant's Businessmen's Mutual Insurance Company, 188 Misc 2d 180 (9th and 10th Jud Dists 2001), The Appellate Term specifically held that the plaintiff was not "automatically entitled" to be reimbursed for the entire difference between what she paid and what the insurance company authorized. However, it held, "where. . . the parties cannot reach an agreed price, the insured bears the burden of establishing the reasonable cost of the repairs necessary to bring the vehicle to its condition prior to the loss." (Rizzo, supra at 183.) The Appellate Term confirmed the lower court's decision that plaintiff was entitled to recover the difference between the amount paid by the insurance company based on a $28.00 per hour labor rate, and the actual cost of the repair to her vehicle based on a $50.00 per hour labor rate.