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Amicus Library

Missouri
Franklin v. Lexington Ins. Co.
Year: 2022
Court: Missouri Court of Appeals
Case Number: WD84816
Issue:
  • Labor Depreciation
State:
  • Missouri

Building owners purchase property insurance to protect themselves if their property is damaged by fire, hail, tornadoes, or other often catastrophic events. In the case of homeowners, adequate payment of insurance policy benefits is often what stands between them and homelessness after a disaster. Insurers…

The Doe Run Resources Corp. v. American Guarantee and Liability Insurance Co. et al
Year: 2017
Court: Missouri Supreme Court
Case Number: No. SC96107
Issue:
  • Contract Interpretation
  • Duty to Defend
State:
  • Missouri

Insurance companies have the burden to draft express and clear exclusions when they desire to limit the coverage they sell to their policyholders. Pollution exclusions in particular must be clear and unambiguous. These exclusions have caused an enormous amount of litigation and confusion in the…

Labrier v. State Farm Fire and Cas. Co.
Year: 2016
Court: U.S. Court of Appeals, 8th Circuit
Case Number: 16-3185/16-3562
Issue:
  • Labor Depreciation
State:
  • Missouri

Depreciation of labor in an actual cash value payment is fundamentally at odds with the the purpose of insurance – to indemnify the policyholder in case of a loss. Physical components such as shingles, for example, do lose integrity and value over time due to…

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