Smith v. American Fire Casualty Co

In Smith v. American Fire Casualty Co., 242 S.W.2d 448 (Tex. Civ. App. - Beaumont 1951, no writ), Smith's truck was involved in an accident and sustained significant damage. Id. at 449. Smith's insurance company initially denied coverage based on a policy exclusion. Id. Smith had the truck repaired at a cost of $ 615.38. The jury found that the policy covered Smith's loss, and awarded damages by calculating the difference between the truck's market value immediately before and after the collision, and then adding the repair cost to that amount. Id. at 453. The court of appeals affirmed the award, holding that the meaning of the words "repair or replace" included restoring the vehicle to "substantially the same condition in which it was immediately prior to the collision." Id. at 453-54. The court interpreted the policy language to mean that a vehicle could not be substantially restored if "repairs left the market value of the repaired vehicle substantially less than the market value before the collision." Id. at 454.