ALLEN, RONALD L. v. ALLEN, DAWN E.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “labor may not be depreciated when the insurance company calculates the actual cash value of a property using the replacement cost less depreciation method”
• concluding that depreciation, “in its ordinary sense . . . applies to physical deterioration”
• explaining that, in Tennessee, “labor may not be depreciated when the insurance company calculates the actual cash value of a property using the replacement cost less depreciation method”
• “this Court has never adopted the broad evidence rule. In Braddock, this Court merely acknowledged that the broad evidence rule and the replacement-cost-less-depreciation method both accomplished indemnity.”
• “We conclude that the answer to the district court’s certified question is no, the insurance company cannot withhold a portion of the labor costs as depreciation under either policy.”
• “[W]hether Tennessee is a broad evidence state is not at issue because in this case, as the homeowners point out, the parties agreed that the actual cash value was to be calculated based on the replacement cost [less depreciation] method.”

Source: CourtListener parenthetical corpus (CC0).