Whether labor can be depreciated in arriving at an actual cash value property loss settlement has been a hot topic of debate over these past five years, and the subject of many Merlin lawyer blogposts. An Illinois appellate court recently weighed in on the issue in Sproull v. State Farm Fire and Casualty Company.1
Continue Reading An Illinois Appellate Court Concludes That Labor Cannot Be Depreciated In Arriving At An Actual Cash Value Loss Settlement
I’ve run into this situation a handful of times recently in the Naples/Fort Myers area following Hurricane Irma. Generally, the policyholder is a retiree with ample spare time on his hands, a bit handy, and takes on the task of performing mostly cosmetic interior repairs himself (e.g., painting, drywall, flooring).
Continue Reading I Performed The Work Myself, Am I Entitled To Labor Costs?
On March 30, 2020, the United State Court of Appeals for the Fifth Circuit issued an opinion in Mitchell v. State Farm Fire & Casualty Company,1 on the interpretation of the term “Actual Cash Value.”
Continue Reading Interpretation of Actual Cash Value in Mississippi
What is the replacement cost value of my classic brown dress shoes? How would you go about determining their actual cash value? You can see them in the photo above along with some Sperry Topsider shoes I have yet to take out of the box. As I am writing this post, I am looking at my Weber gas grill which has been getting a workout since our social distancing started. What questions and considerations should be made for that item in a property insurance adjustment? How are those questions and considerations different when considering replacement cost value and actual cash value if the damage were to real property? What are the considerations if the loss were to a commercial insured rather than covered under a personal property insurance policy?
Continue Reading What Do Chip Merlin’s Old Dress Shoes, New Sailing Shoes, and Weber Grill Have to Do With Replacement Cost Value, Actual Cash Value and Depreciation of Labor?
Shane Smith wrote about a big policyholder win against Allstate in this weekend’s post, Another Court Ruling on Improper Depreciation of Labor. Today, the same Court of Appeals ruled the same way against State Farm.1
Continue Reading Hot Off the Insurance Law Coverage Press—DO NOT DEPRECIATE LABOR TO ARRIVE AT ACTUAL CASH VALUE!
On March 18, 2020, the Sixth Circuit Court of Appeals issued its opinion in Perry v. Allstate Indemnity Company,1 ruling as a matter of law that it was improper for Allstate to depreciate labor costs.
Continue Reading Another Court Ruling on Improper Depreciation of Labor
Depreciation of labor when determining actual cash value is being raised in cases throughout the country with mixed results. In,
Tennessee Tornado Terror and The Insurance Claim Aftermath, I noted that Tennessee recently ruled labor will not be deprecated for tornado policyholders. So, what would be the result if those tornados had gone slightly east and hit North Carolina? Does North Carolina allow insurance companies to depreciate labor of a structure to arrive at actual cash value?
Continue Reading Does North Carolina Allow Depreciation of Labor When Determining Actual Cash Value?
Depreciation is a major topic with property insurance. It seems like such a “nickel and dime” way to increase profits. So, why are property insurance companies now doing this and having their hired gun attorneys argue that this is the correct way to adjust claims?
Continue Reading How Playing the Float, Taking Depreciation on Labor or Tear Out Is Needed Cheating For Many Insurance Companies
A class action lawsuit filed against Allstate in South Carolina raises the newly raised practice by some insurers of depreciating labor when repairs are made.1 I thought that the lawsuit was very well plead and was surprised to see citations to a law review article written in part by public adjuster Don Wood, and another citation to the Property Insurance Coverage Law Blog.
Continue Reading Can Labor Be Depreciated? Class Action Lawsuit Cites this Blog!
In an opinion issued yesterday, the Tennessee Supreme Court held that labor cannot be depreciated when considering actual cash value.1 Merlin Law Group participated in this victory for policyholders by writing an amicus curiae brief on behalf of United Policyholders.
Continue Reading Can Labor Be Depreciated When Considering Actual Cash Value?