Panel:  Insurer Had Arguable Basis To Depreciate Labor Costs For Storm Damage Claim

(April 1, 2020, 10:35 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 30 found that a homeowners insurer had an arguable basis to depreciate labor costs for an insurer’s storm damage claim because the law on the question of interpreting “actual cash value” in Mississippi is unsettled, reversing a lower federal court’s denial of the insurer’s motion to dismiss the insured’s tort claims but affirming the lower court’s refusal to dismiss the breach of contract claim (Lorine Mitchell v. State Farm Fire & Casualty Company, No. 18-60776 consolidated with No. 19-60201, 5th Cir., 2020 U.S. App. LEXIS 9874)....

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