Susan Hicks and Don Williams, Plaintiffs-Appellees, v. State Farm Fire & Casualty Company, Defendant-Appellant.

Year: 2018
Court: U.S. Court of Appeal, 6th Circuit
Case Number: Case No. 18-5104

This amicus brief discusses the wrongful depreciation of labor, an insurer strategy to minimize benefit payments after a loss. An insurance contract must receive a reasonable interpretation consistent with the parties’ expression in the language of the contract. Depreciation is the reduction of tangible property and labor is not a physical thing that can deteroriate, it is work of any type. If an insurer depreciates the cost of labor, the policyholder will not be made whole, and it will frustrate the indemnity purpose of actual cash value coverage.

This brief was prepared pro bono by William F. Merlin, Jr. Esq. , Shane Smith, 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/susan-hicks-and-don-williams-plaintiffs-appellees-v-state-farm-fire-casualty-company-defendant-appellant/
Date: December 27, 2024