The plaintiff, the Estate of Ercan Balpinar, brought an insurance claim against Economical Mutual Insurance Company and Highland Auto Body regarding inadequate repairs to a cargo van.
The vehicle was damaged in an accident, and Economical elected to repair it.
The plaintiff alleged the repairs were insufficient, particularly concerning frame damage, and sought further compensation, including for storage and a replacement vehicle, and punitive damages.
The court found that the initial repairs were inadequate and that a problem with the right front wheel, indicative of frame/suspension issues, was only corrected after a frame replacement years later.
The court awarded the plaintiff the cost of the frame replacement and towing charges, and limited storage and rental vehicle costs, but denied punitive damages, finding no bad faith on Economical's part.
The court emphasized the insurer's responsibility to ensure competent repairs when electing to repair a vehicle.
