American Equity Ins. Co. v. Van Ginhoven

How courts have described this case

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

• explaining ordinarily market value is measure of damages, but if the damaged property may be repaired, restored or replaced, the court may award the cost of replacement
• finding coverage barred for damage to the pool because the insured was draining the pool when it was damaged, but not barred for damage to other parts of the property (the pump, heating system, deck, screen enclosure, and the surrounding landscaping and sprinkler system
• the term “real property” is modified by the qualifying term “on which you ... are performing operations”
• “Because the interpretation of an insurance contract is a question of law, this court is entitled to review the trial court’s coverage determination de novo.”
• where contract was for maintenance and repair of swimming pool, damage to the patio, deck, electrical, plumbing and the residence was not excluded under CGL policy
• “[T]he term ‘real property’ is modified by the terms ‘on which you . . . are performing operations.’”

Source: CourtListener parenthetical corpus (CC0).