Ngoc Troung v. Marcus Dewayne Sanders and Old American Indemnity Company

Summary

The court held that a tortfeasor and liability insurer may not reduce a third-party vehicle-damage recovery by deducting betterment when new parts are required to restore the vehicle. It nevertheless reversed the statutory penalty award because the insurer did not knowingly misrepresent or fail to disclose pertinent facts, and the betterment issue was one of first impression. The judgment was therefore affirmed in part and reversed in part.