Court Erred In Ruling Insureds Bore Burden Of Proof, 5th Circuit Says In Reversal

Mealey's (January 29, 2016, 12:52 PM EST) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 28 ruled that a lower federal court erred in finding that insureds had the burden of establishing the depreciation of their dwelling claim, further concluding that the lower court improperly determined that the insureds’ assessment of their personal property replacement costs was not evidence of the “actual cash value” of lost items (Claudia Ayoub, et al. v. Chubb Lloyds Insurance Company of Texas, No. 14-51301, 5th Cir.; 2016 U.S. App. LEXIS 1365).

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