
The policyholders argue this violates both their insurance contracts and Ohio regulations governing total loss settlements. Their policies promise to pay actual cash value, defined as “determined by the market value, age, and condition of the vehicle or property at the time the loss occurs less depreciation or betterment.” Betterment, the policies state, means “improvement of the auto or property to a value greater than its pre-loss condition.” Depreciation means “a decrease or loss in value to the auto or property because of use, disuse, physical wear and tear, age, outdatedness or other causes.”