Susan Dow v. Safeco Insurance Company of America.
Year 2024
Court United States Court of Appeals for the Ninth Circuit
Case Number 23-2641
Issue
  • Actual Cash Value
State
  • Montana

In its amicus brief, United Policyholders addresses the critical distinction between Actual Cash Value (ACV) and Replacement Cost Value (RCV) in property insurance policies, and the rightful entitlement of policyholders to a receive full ACV payment as the minimum “floor,” irrespective of subsequent repair costs actually expended or the policyholders pursuit of RCV benefits at some point in the claim process. This issue not only impacts Ms. Dow but also sets a precedent that could affect thousands of policyholders across the Ninth Circuit and beyond.

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Author

Erik Peterson of Erik Peterson Law Offices PSC

Related Cases
Susan Dow v. Safeco Insurance Company of America.
Year: 2024
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 23-2641
Issue:
  • Actual Cash Value
State:
  • Montana

In its amicus brief, United Policyholders addresses the critical distinction between Actual Cash Value (ACV) and Replacement Cost Value (RCV) in property insurance policies, and the rightful entitlement of policyholders to a receive full ACV payment as the minimum “floor,” irrespective of subsequent repair costs…
Ryan Escobar v. Tower Hill Signature Ins. Co.
Year: 2017
Court: Florida Court of Appeal, Third District
Case Number: 15-28620 CA 01
Issue:
  • Actual Cash Value
State:
  • Florida

The Florida Legislature has mandated under Fla. Stat. § 627.7011(3)(a) that a property insurer must pay the actual cash value (“ACV”) of a homeowner’s property loss without first requiring repairs to the property. Here, the insurer made a payment based upon its adjuster’s estimate of…
Vasquez v. Southern Fidelity Property and Casualty Inc.
Year: 2016
Court: Florida Court of Appeal, Third District
Case Number: 3D16-915/15-12314 CA 01 (25)
Issue:
  • Actual Cash Value
State:
  • Florida

Under Florida law, an insurance company is obligated to pay actual cash value (“ACV”) without requiring the policyholder to first complete the repairs necessary to collect full replacement cost. However, the ACV amount is a question of fact and the insurance company is not permitted…
Kurach v. Truck Insurance Exchange
Year: 2019
Court: Supreme Court of Pennsylvania - Eastern District
Case Number: 12 EAP 2019
Issue:
  • Actual Cash Value
  • General Contractor Overhead and Profit
State:
  • Pennsylvania

In this brief, UP argues that General Contractor Overhead and Profit (GCOP) should not be excluded when determining the Actual Cash Value (ACV) benefits under property insurance policies affording replacement coverage. The policy language in this particular case stated that the insurer was authorized to…