The Georgia Insurance Commissioner’s Office released a directive last December to all of the insurance companies reminding them that when evaluating Diminution in Value, they cannot simply cite the Mabry v. State Farm decision and declare that their formula is gospel. The directive can be found by clicking here.
I frequently have clients ask me how to handle their diminished value claims and have even shot a video on how to handle diminution in value claims in Georgia. The most frequent response that consumers get from the insurers is “sorry but we use the State approved formula” and that is a corruption of the law. This directive makes it clear that each case is different and the Insurance Commissioner has not endorsed any particular diminution formula. If you are arguing with the insurance company and they cite the formula from the Mabry case, be sure to email them this directive.