Aziz v. Allstate Insurance Co., No. 16-3888 (8th Cir. 2017)
Annotate this CasePlaintiffs filed suit against Allstate after the insurance company denied their homeowner's insurance claim. The Eighth Circuit affirmed the district court's grant of Allstate's motion for judgment as a matter of law. In regard to the breach of contract claim, the court held that plaintiffs failed to present sufficient evidence of the home's value and the personal property's value before or after the fire. Furthermore, a bankruptcy filing was insufficient to establish value. In this case, plaintiffs could have submitted an estimate of the personal property's value immediately before the fire, but they did not. Values on their proof-of-loss list were estimates of original purchase prices and it did not account for deterioration, obsolescence, or other depreciation as required by the policy and under Missouri law. Because plaintiff's vexatious refusal claim was derivative of their breach of contract claim, the court affirmed as to that claim.
Court Description: Benton, Author, with Colloton and Kelly, Circuit Judges] Civil Case - diversity. District court's grant of judgment as a matter of law following trial for breach of contract of insurance claim is affirmed. Homeowners failed to present evidence of value of real property before or after the fire and bankruptcy filing was insufficient to establish value. Homeowners also failed to present sufficient evidence of personal property's value immediately before the fire, as proof-of-loss list of personal property did not account for deterioration, obsolescence or other depreciation. The vexatious-refusal claim likewise fails where there is no judgment on the insurance policy.
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