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Monday, September 19, 2011

AXA AND EDUARDO KIEFFER VS. HIGH POINT INSURANCE COMPANY TAMESHA BROWN VS. FIRST TRENTON INDEMNITY COMPANY SANDRA KOZUSKO VS. NEW JERSEY MANUFACTURER

In these consolidated appeals, plaintiffs challenge provisions in their respective auto insurance policies excluding coverage for the diminution in the value of their autos damaged as a result of vehicular mishaps. Plaintiffs claim the exclusion provisions are ambiguous, contrary to the reasonable expectations of insureds, unconscionable, and also contrary to public policy.

We conclude the exclusion provisions are specific, plain, and clear, and provide no basis for plaintiffs to reasonably expect that diminution-in-value coverage is included in the policies. Additionally, we hold that exclusion of diminution- in-value coverage is not contrary to public policy. 8-30-11