Quote:
Originally Posted by mrmustang
The Supreme court of Illinois also ruled in a class action lawsuit that insurance companies cannot be held liable for diminished value claims.
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As a point of clarification, cases such as these (and the Texas Supreme Court ruled in a similar fashion) only deal with an insurer's duty to pay under the terms of the insurance policy. They are not applicable to negligence claims against someone who has damaged your property (tort law and damage theory apply against the tort feasor here). There is a split of opinion in the states on whether you may be compensated for the diminution in value of property in addition to the cost of repairs (just in case someone has a son or daughter struggling to come up with a law review topic).