Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: homeowners

O.K. to depreciate labor in property loss — Tenth Circuit applying Kansas law

Posted in Contractual Liability
In Graves v. American Family Mutual, Graves had roof damage and damage to her kitchen ceiling after a hailstorm. Her American Family homeowner’s insurance policy provided for recovery of the “actual cash value” at the time of a covered loss as well as the “replacement cost” of the damaged property once repairs are completed. She… Continue Reading

Summary judgment to homeowner insurance company reversed on burst pipe claim — 10th Circuit, Utah

Posted in Contractual Liability, Insurance Bad Faith
In Wheeler v. Allstate Insurance Company, Wheeler insured his cabin with Allstate.  A friend stopped by the cabin in the spring and found a pipe had burst and there was water in the basement.  There was extensive damage.  It was determined that the pipe burst two months before discovery and was likely caused by a… Continue Reading

Misrepresentations in personal property valuation voids entire policy 8th Circuit, Missouri

Posted in Contractual Liability
In Neidenbach v. Amica Mutual Insurance Company, the personal property coverage in plaintiff’s  Neidenbach’s homeowner’s policy was void under the policy’s “Concealment of Fraud” provision because the plaintiffs intentionally misrepresented the value of their personal property in their proof of loss; the misrepresentation voided the entire policy, including the portions covering loss of their dwelling.… Continue Reading

Failure to cooperate by producing income tax records results in judgment for insurance company 11th Circuit, applying Georgia law

Posted in Contractual Liability
In Hsu v. Safeco Ins., Hsu sued Safeco to recover on a homeowner’s policy.  But Hsu had not provided Safeco with the tax returns Safeco requested before Hsu filed suit.  Safeco got summary judgment because providing the tax returns was a condition precedent to filing suit. Specifically, the district court held that Plaintiffs were not… Continue Reading

Insureds’ fraud results in void policy and $4.1 Million Judgment in Insurer’s Favor — Missouri

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Akers v. Auto-Owners (Mut.) Ins. Co, (2015 WL 3714595) the insurer paid its insureds over $3.5M after a house fire.  The insureds, (the Akers) claimed the insurer still owed them more money and sued them.  In discovery, the Insurer found that the Insureds had prepared fraudulent invoices to inflate their losses.  The Insurer then… Continue Reading

No med pay or liability payments to named insureds; Missouri law

Posted in Insurance Bad Faith, New Case
In Shelter Ins. Co. v. Vasseur, the issue was whether Shelter’s policy provided coverage under its farm owner’s policy for injuries to its insureds. But the policy excluded coverage for medical payments and for liability coverage to insureds and resident relatives. The policy was not ambiguous. There was no bodily injury coverage or medical payment… Continue Reading

Ambiguities in replacement cost coverage; Missouri law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Wilson v. American Family Mutual Insurance Company, the Wilsons purchased a Gold Star 100% replacement cost policy from American Family, to insure their historic farmhouse. When a fire destroyed the their home, American family offered to pay the face amount of the policy, $419,000. This amount was substantially less than the amount required to… Continue Reading

General attorneys fees statute does not apply to action on insurance policy — Arkansas law

Posted in Contractual Liability, New Case
In Gafford v. Allstate Insurance Company, 2015 Ark. 110, the insureds were the prevailing party in a lawsuit filed after their rental house was damaged by fire.  But the insureds recovered less than 80% of what they claimed was owed.  So they sought attorneys fees under Arkansas’ general attorneys fee statute, 16-22-308 rather than the… Continue Reading