(Download) "American Family Mutual Ins. Co. v. Doug" by Western District Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: American Family Mutual Ins. Co. v. Doug
- Author : Western District Court of Appeals of Missouri
- Release Date : January 22, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On May 13, 1988, fire extensively damaged several apartment buildings under construction in Liberty. Doug Rose, Inc., (DRI) owned the structures. American Family Mutual Insurance Company had insured the buildings against fire damage, and in this lawsuit it seeks a declaration of the extent of its liability. The trial court set American Family's liability at approximately $1.05 million, the cost of repairing the structures. The trial court rejected DRI's contention that § 379.140 1 required American Family to pay the full face value of the insurance policy, nearly $2.04 million. We agree that American Family was not liable for the policy's face value because the policy provided for a provisional amount for insured buildings under construction. We conclude, however, that the trial court used the wrong measure of damages. Instead of using the cost of repair, it should have awarded DRI the difference between the structures' reasonable value immediately before the fire and their reasonable value immediately after the fire.