...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...

.... "(4) changes in title or occupancy of the property during the term of the policy. "(5) detailed estimates for repair of damage..., we cover the required increase in living expenses you incur to maintain your normal standard of living. Payment will be for the shortest time required to repair or replace the premises; or, if you...term of the policy. "(5) detailed estimates for repair of damage. "(6) a list of damaged personal property described in 2c...

...County of Erie and the Erie County Public Library that they were entitled to summary judgment on the ground that they did not have actual or constructive notice of the alleged dangerous or defective... JOSEPH R. CIESINSKI, Respondent, v. TOWN OF AURORA et al., Appellants, and LAWRENCE BIELER et al., Respondents. COUNTY OF ERIE, Third-Party Plaintiff, v. AURORA TOWN... Appeal from the Supreme Court, Erie County, Wolfgang, J. Present — Denman, P.J., Pine, Fallon, Callahan and Davis...

...requested further additional living expenses, Frazier could properly refuse to pay such expenses because the repair or replacement, as contemplated by the policy, had not been made with due diligence...that the trial court properly entered summary judgment as to the breach of contract claim for additional living expenses. Bad Faith — Additional...Hilleys on their executing a release, constituted bad faith. However, because we have affirmed the summary judgment for Allstate as to the Hilleys' breach of contract claim with regard to additional living expenses, we...

...the light most favorable to Woodworth and give him "the benefit of all reasonable inferences supported by the evidence," as we must in reviewing the grant of summary judgment against him. See... No. 17-1667 06-06-2018 Mark Eugene Woodworth Plaintiff - Appellant v. Kenneth Hulshof Defendant - Appellee Lyndel...Judge, United States District Court for the Western District of Arkansas, sitting by designation. Mark Woodworth appeals the district...

... SCOTT E. WOODWORTH and LYNN M. WOODWORTH, Plaintiffs, v. ERIE INSURANCE COMPANY, Defendant. No. 05-CV-6344 CJS. United...destroyed, and "additional living expenses" as defined in the policy. On January 14, 2009, Plaintiffs filed a motion [#64] to amend the Complaint, to assert three additional claims: 1) a claim for...emotional damages; 2) a claim for further additional living expenses; and 3) a claim for attorney's fees. Plaintiffs purported to seek the amendment in response to a decision by the New York Court of Appeals...

...Summary Judgment Plaintiff also argues that the insurer remains in breach of both policies for failing to pay several claims: (i) the $37,515 Hintze estimate; (ii) additional living expenses for...-18 policy provided that the insurer would "pay no more than the actual cash value of the damage until actual repair or replacement is complete." On July 6, the insurer paid plaintiff $11,081. That...December 2018, the insurer also paid plaintiff $2,557 to repair water damage that had been part of his June 5 claim. On July 16, an independent...

...house, as well as consequential damages for the plaintiff's additional living expenses. Following discovery, the plaintiff moved for summary judgment on the complaint, and also demanded that the...consequential damages for additional living expenses were foreseeable and contemplated by the parties in support of his own motion for summary judgment. However, we agree with the...unable to agree on the amount of loss sustained by the plaintiff or the cost to repair the plaintiff's home. As a result, by letter dated July 6, 2010, the defendant invoked the appraisal provision of the...

...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...

...policy limit was $13,500 for personal property loss and $5,400 for additional living expenses. The court accordingly molded the verdict to conform with its determination on the summary...to continue as nearly as practicable the normal standard of living of the Named Insured's household for not exceeding the period of time required: 1. To repair or replace such damaged or destroyed.... A jury trial thereafter on the issue of damages resulted in a verdict for plaintiff of $15,000 for personal property loss and $3,000 for additional living expenses. The...

...stipulated to the cost of repair and made a list of triable issues which included the proper amount of personal property damage compensation and additional living expenses but did not include the proper...lost in the fire, and plaintiffs whereabouts before and after the fire. 2. Insurance 136 — fire insurance policy — claim for additional living expenses and damage to real property In...an action to recover on a fire insurance policy, the trial court did not err in denying defendant's motion for directed verdict regarding plaintiffs claim for additional living expenses and for...

...court agreed with Chillemi and Main and ordered partial summary judgment in their favor, reasoning: [Woodworth] begins her relationship with the defendants by...opinion and order. They argued the $2,514 broker's fee should be reduced by one-half to correspond to the trial court's earlier ruling on partial summary judgment that Woodworth was no longer working on...expenses awarded to Woodworth was erroneous because it conflicted with the court's prior opinion on partial summary judgment. The trial court summarily denied the motion in a one sentence order...