Archive | Replacement Cost

Oregon Court Addresses Replacement Cost Requirements

On October 8, 2014, the Oregon Court of Appeals issued an opinion in Patton v. Mutual of Enumclaw Ins. Co., 266 Or App —, — P3d — (2014) (“Patton II”) addressing the period of time an insured has to repair or replace property that was damaged by fire.  This was […]

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Cost of Matching Not Included in Actual Cash Value Payment

The U.S. Court of Appeals for the Third Circuit recently issued an unpublished opinion in Pellegrino v State Farm Fire and Cas. Co., 2014 WL 2446063 (June 2, 2014), addressing whether an insured is entitled to payment for matching materials as part of the actual cash value payment.  Applying Pennsylvania law, the […]

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Suit Limitation Provision Held Unreasonable by New York Court

On February 13, 2014, the Court of Appeals of New York issued an opinion in Executive Plaza, LLC v. Peerless Ins. Co., — N.E.3d —, 2014 WL 551251 (N.Y. 2014) addressing a certified question from the U.S. Court of Appeals for the Second Circuit concerning application of a two-year suit limitation […]

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PLRB Highlights Two Recent MLR Cases

The Property & Liability Resource Bureau (PLRB) has highlighted two recent MLR success stories on its Property and Liability Legal Updates page (login required).  The first case highlighted by PLRB is the Hoffman v. Foremost Signature Ins. Co., Civ. No. 6:12-cv-1534-MC, matter from the U.S. District Court in Oregon, in […]

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MLR Obtains Partial Summary Judgment in Fire Loss Replacement Cost Case

On October 21, 2013, MLR attorneys F.J. Maloney and Kyle Sturm obtained partial summary judgment in an insurance coverage lawsuit involving property damages following a fire in the plaintiff’s mobile home.  Plaintiff argued that she was entitled to replace her mobile home with a stick-built home, and that she was […]

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