1. The Messy Auto Property Damage File Prickly Issues for the Insurance Professional and Subrogation Attorney

2. DAN WEBER STATE FARM INSURANCE COMPANY ERIC M. BARRILEAUX HANNAH, COLVIN & PIPES, LLP DAVID B. PILLEMER PILLEMER & PILLEMER

3. JIM JUKER STUDENT USA OPEN GOLF TOURNAMENT BEEMER TAYLOR MADE GOLF CLUBS THE ACCIDENT

5.  BOBBY BRUISER TO THE RESCUE  BOBBY’S BIG BERTHA WAS ALL THERE WAS.

7. JIMMY DOES NOT QUALIFY

9.  $17,345.91 DAMAGE TO THE CAR  $1,000 DEDUCTIBLE  $8,000 LOSS OF VALUE  $2,132 FOR THE GOLF CLUBS

10.  ACE PRESENTS A CLAIM FOR $16,345.91  ANNABELLE SANCHEZ HAS INSURANCE WITH DESERT INSURANCE WITH A $10,000 PD LIMIT  DESERT OFFERS $10,000 TO ACE

11.  REVIEW THE POLICE REPORT  ASSET CHECK  CONTACT THE DEFENDANT

12. 1. A 41 YEAR OLD DIVORCEE 2. OWNS A HOME WITH A VALUE OF $235,000 3. EQUITY ON THE HOME OF $46,000 4. TWO CHILDREN, 17 AND 19 5. REGISTERED NURSE EARNING $49,000 A YEAR 6. CHILD SUPPORT $1,200 A MONTH

13.  1999 FORD FOCUS OWNED OUTRIGHT  CO OWNS 2005 PONTIAC VIBE WITH 19 YEAR OLD DAUGHER AND OWES $8,000

14.  DECISION TIME  REFERRAL OUT

16. THE RIGHT TO RECOVER THE DEDUCTIBLE FOR THE INSURED.

17. California Code of Regulations, title 10, section “2695.7. …. (q) Every insurer that makes a subrogation demand shall include in every demand the first party claimant's deductible.

18. THE ASSIGNMENT DOES INSURED HAVE THE RIGHT TO CONTROL LITIGATION.

20. …. o CONFLICT OF INTEREST o CONTROL OF LITIGATION o THE TYPE OF DAMAGES CLAIMED BY JUKERS

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22. 1. “Diminished value damages” is the loss in market value of a vehicle allegedly caused by market perceptions that a vehicle involved in an accident, though fully repaired, is worth less than the same vehicle that has never been damaged. 2. American Mfrs. Mutual Ins. Co. v. Shaefer, 124 S.W.3d 154, 156 (Tex.2003).

23. Governed solely by the policy language and breach of contract law. A majority of courts considering diminished value claims under collision coverage have held that a provision limiting the insurer’s obligation to repair or replace does not require the insurer to pay for diminished value after repair. Culhane v. Western National Mut. Ins. Co., 707 N.W.2d 287, 288-89 (S.D.2005)

24. Governed solely by tort law. Under general tort law principles, a party is generally entitled to recover for the “entire loss.” Allowing damages for diminution in value, when such damages are established, fulfills the tortfeasor’s obligation to “make whole” his victim.

25. “‘It is a general equitable principle of insurance law that, absent an agreement to the contrary, an insurance company may not enforce a right to subrogation until the insured has been fully compensated for [his or] her injuries, that is, has been made whole.” Plut v. Fireman's Fund Ins. Co. 85 Cal.App.4th 98, 104 (Cal.App.2.Dist.2000)

26. LANGUAGE IN THE POLICY GIVING RIGHT TO CARRIER TO RECOVER FIRST. INTERVENE IN THE INSURED’S ACTION AGAINST TORTFEASOR CARRIER FILES IT OWN SUIT ALLOW THE INSURED TO RECOVER THE MONEY AND PAY THE EXCESS RECOVERY TO THE CARRIER

27. …. SHOULD YOU REPRESENT CARRIER AND INSURED DAMAGES ARE SPECULATIVE. CONFLICT OF INTEREST CONTROL BY THE INSURED – MADE WHOLE RULE

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