Sproull v. State Farm Fire and Casualty Co

Year: 2021
Court: Supreme Court of Illinois
Case Number: 126446

In its brief, UP notes that 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 have been known to use various strategies to minimize benefit payments after a loss, even though they accepted the policyholder’s premium payments. The wrongful depreciation of labor is one of those strategies.

The question of whether labor should be depreciated in determining actual cash value requires interpretation of the insurance contracts themselves. As such, the issue is a question of law that should be decided by the Court. Illinois law honors and enforces the principle that insurance policies should be interpreted to effectuate indemnity and uphold policyholders’ reasonable expectations of coverage.

This brief was authored pro bono by Edward Eshoo, Jr. of Merlin Law Group.

 


The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/sproull-v-state-farm-fire-and-casualty-co/
Date: April 26, 2024