Insurance law

Question 7 Learning Outcome 8 (20 marks) You are a claims handler for an insurer. One of your insurer's policyholders, Paul, owns a rare vintage motor car. The vintage car is insured under an agreed value insurance policy for the sum of120,000. This agreed value is based on an expert valuation carried out in 2015. The policy has been renewed annually, with no subsequent change to the agreed value being advised to the insurer. The vintage car was involved in a serious accident. Paul did not think the car could be properly repaired due to its extensive damage and wanted the claim settled for the full 120,000. The insurer insisted that the car was repaired. Replacement parts were hard to source and as a result the replacement parts, which were deemed suitable by the insurer, were not all vintage. An expert in valuing vintage cars, stated that in its repaired state the car is now only worth 100,000. However, ifthe car had not been damaged its value would now be 150,000. Paul wants to keep the car but argues that he should be given a cash payment of 20,000 to allow for the loss of value. Discuss the basis of indemnity and settlement for the vintage car. Refer to one relevant case in support of your discussion. (20)