...Woodworth Aff. [#17-2] @ ¶ 7 ("I pointed out [to Erie], as I had before, . . . that too much depreciation had been applied in arriving at actual cash value."); Memo of Law [#17-6] at 6, 26...occurs. Defendant's motion to dismiss the breach of contract claim based on the appraisal clause is therefore granted. Woodworth v. Erie Ins. Co., No. 05-CV-6344 CJS, 2006 WL...). not limited to Additional Living Expenses, Erie has breached its obligations under the policy." Id. at ¶ 17. Defendant subsequently made a motion to dismiss parts of the Amended...

... SCOTT E. WOODWORTH and LYNN M. WOODWORTH, Plaintiffs, v. ERIE INSURANCE COMPANY, Defendant. No. 05-CV-6344 CJS. United...: Your recent letter suggests that you remain unwilling to make any decisions regarding your next residence until Erie has engaged in further "dwelling cost discussions" with you.... You claim that you cannot replace your home "without agreement on additional funds.". . . Erie is under no obligation to accept, in advance of any actual construction, what it believes is an...

..., there is no indication that the policy contains a definite limit to that period (compare Woodworth v Erie Ins. Co., 743 F.Supp.2d 201...shortest period of time that the repairs could be completed (see generally Woodworth v Erie Ins. Co., 743 F.Supp.2d at 215...required to repair or replace the damage." In February 2018, defendant provided plaintiffs with a statement of loss that, among other things, identified the policy limit total as...

...Woodworth v. Erie Insurance Co., 743 F.Supp.2d 201 (W.D.N.Y. 2010), the plaintiffs had a homeowners insurance policy with a provision covering damages arising from loss...reasonable additional living expenses while you and members of your household reside elsewhere. Payment shall be for the shortest time required to repair or replace the...arose, preventing repair or replacement and causing the plaintiffs to incur additional living expenses beyond 12 months. Id. at 204-08. In addressing the plaintiffs' claims for consequential...

... SCOTT E. WOODWORTH, et al., Plaintiffs, v. ERIE INSURANCE COMPANY, Defendant. 05-CV-6344 CJS. United States District...their home. . . . [T]he amount of loss, if any, attributable to repairing or replacing the home cannot be determined until the repair or replacement is completed.") (citations omitted). In the...to complete repair or replacement 180 days from payment of the actual cash value renders a claim for replacement costs untimely...

...example, in Woodworth v. Erie Insurance Co., 743 F.Supp.2d 201, 218 (W.D.N.Y. 2010), the court applied the reasoning of BiEconomy...old house was uninhabitable, ” and that the policy “appear[ed] to envision that such repair or replacement would occur in twelve months or less, and the parties do not dispute that such repair or...to a homeowner's insurance policy. The policy covered the costs for the plaintiff to rebuild or replace their home and additional living expenses for a period of twelve months after the loss. The...

...Estates, Inc. v Hudson Ins. Co., 10 NY3d 200 [2008] and Woodworth v Erie Ins. Co...damages can be sought and ultimately recovered (see Woodworth, 743 F Supp 2d 201, 218 [addressing an insurer's motion for summary...repair or replace the premises; (b) the time required for your household to settle elsewhere; or (c) 24 months. This coverage is not reduced by the expiration of this policy...

...2008, Allstate filed a motion for summary judgment seeking dismissal of the Bayles' action. The Bayles' homeowners policy provides that, if the insureds do not repair their damaged...matter, any items damaged by wind whose repair costs exceeded the amount paid by Allstate; the Bayles' expert's report was silent on both issues...severe that the Bayles elected not to repair it; instead, they "sold" it and the lot for $64,000, unrepaired, to Murphy Oil in connection with...

...Homeowners Policy — Form B ("Form B"). They filed a claim with State Farm for damages resulting from a plumbing leak in their garage. Because the cost of repair was less than their deductible, State...damage that results from plumbing leaks, we make an " Erie guess" as to how the state supreme court would decide the issue. Erie R.R. v.... A loss resulting from this peril includes the cost of tearing out and replacing any part of the building necessary to repair or replace the system or appliance. But this does not include loss to...

...expending the replacement or repair funds and obtaining a judicial determination concerning liability." As the trial court in Rotell v. Erie Ins. Group, 53 Pa.D. & C. 4th 533, 544 (Pa. Com...specifically provides that when a dwelling is damaged or destroyed, Defendant will pay replacement / repair costs as follows: (1) until actual repair or replacement...the cost to repair or replace the damaged part of the property; (2) when the repair or replacement is actually completed, we will pay the covered additional amount you actually and...

...damage to wind, concluding that payment to the Corbans was limited to "replac[ing] the cottage roof and . . . replac[ing] the roof and some fascia repair and paint around the main house[,]" as well as for...power washing and a "repair allowance" on the gazebo and the potting shed...that part of the loss that is excluded? 4. Did not the Fifth Circuit Court of Appeals err in its " Erie-guess...

...C (Additional Living Expenses). Plaintiffs oppose the motion. Doc. 40. II. Summary Judgment Standard...stated above, the Motion for Summary Judgment [doc. 24] will be GRANTED and all claims for breach of contract and bad faith arising under the policy's Coverage C (Additional Living Expenses) will be DISMISSED WITH PREJUDICE. THUS DONE AND SIGNED. ... Under Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), a federal court sitting in diversity jurisdiction applies the substantive law of...

...policy for repair of the water damage caused by the leaking pipes. Erie informed them that the matter was still being investigated and a claim decision had not yet been made. Finally, in April 2008, Erie...Bruno, Husband and Wife and Anthony Gotti Bruno and McKayla Marie Blake, by their Parents and Legal Guardians, David Bruno and Angela Bruno, Appellants v. ERIE INSURANCE COMPANY, Rudick Forensic..., P.C., Pittsburgh, for Pennsylvania Association for Justice. Craig R.F. Murphey, Esq., MacDonald, Illig, Jones & Britton, L.L.P., Erie, for Erie Insurance Company.Mark Reilly, Esq., Law...

...believed the "overall structure" remained "stable." (Id. at 5.) The Hands' home, in other words, was damaged but not damaged beyond repair.... Burchfield reviewed the two engineering reports, re-inspected the interior and exterior of the Hands' home, and estimated the total repair costs to be $51,456.84. (Docs. 46-1; 46-4...assessments; for months they continued to argue the structural damage to their home was "beyond repair"—that their home needed to be torn down and completely rebuilt, all at a cost of some $878,618.98...

...based on the arguments it has raised here based on plaintiff's failure to timely repair the property and the two-year limit on ALE under the policy. Accordingly, summary judgment will be DENIED... Under Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), a federal court sitting in diversity jurisdiction applies the substantive law...normal standard of living for up to 24 months. Our payment is limited to costs incurred for the shortest of: a. the time required to repair or replace the...

..., 1232 (11th Cir. 1983); Erie R.R. v. Tompkins, 304 U.S. 64 (1938). Thus, Florida's substantive law governs in this case...both plaintiffs' and defendant's separate appraisals, ultimately determining: the total amount required to repair damages and compensate plaintiffs under their policy; that "sufficient damage existed to...an intimidating and harassing manner in order to coerce plaintiffs, failing to timely pay undisputed amounts, and using the services of substandard companies in the adjustment of the claim and repair...

...GIC failed to adequately pay for these categories of damage and is therefore not entitled to summary judgment. Under Erie...repair costs. Doc. 45, att. 4. USAA GIC issued payment based on this estimate on September 17, 2020, for the full ACV amount less depreciation and applicable deductible. Doc. 25, att. 2, p. 2. It also...in discovery for repair costs completed to date and are not entitled to prove their damages based on estimates of repairs for repairs that have already been completed...

...the Bradleys some relief as to additional living expenses, but granted summary judgment in favor of Allstate on all other claims. We AFFIRM in part and VACATE and REMAND in part.... . . may be considered on a motion for summary judgment under Rule 56."). D. Additional Living Expenses The policy provides for ALE as follows.... In re Katrina Canal Breaches Litig., 495 F.3d 191, 206 (5th Cir. 2007) (citing Erie R.R...

...damaged buildings and detailed repair estimates; b. The inventory of damaged personal property [ ]; c. Receipts for additional living expenses incurred and records that support the fair rental value...summary judgment as to claims related to personal property and contents, additional living expenses, and depreciation recovery. Rec. Doc. 35. This Court denied the defendant's motions without..., additional living expenses, and depreciation recovery. Plaintiff opposes. Rec. Doc. 88-4. LAW AND ANALYSIS A. Motion for Summary Judgment Standard...