The commercial policyholder filed a claim after its property was damaged in a hailstorm and its insured denied the claim because the damages to the property did not exceed the policy deductible. The organization sued its insurer for breach, claiming the insurer had improperly denied its claim. Credit: Jozef Jankola/Adobe Stock
The judge of the Tenth Circuit Court of Appeals has affirmed a district court holding that an insurer did not breach a policy where the insured could not show that its property damages exceeded the policy deductible. The case is Frontline Fellowship Inc. v. Brotherhood Mut. Ins. Co., 2023 U.S. App. LEXIS 24239 (10th Cir. 2023). Please note that this opinion is unpublished and has limited precedential value.
What happened
Frontline Fellowship purchased a commercial property policy from Brotherhood Mutual for coverage of a property in central Oklahoma. The policy permitted cash recovery via replacement cost value (RCV) or actual cash value (ACV).
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