· 1/21/1983
Diocese of Buffalo v. McCarthy
Citations
- 91 A.D.2d 213
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- defining the “costs” that are “inherently require[d]” for replacement cost coverage as “expenses incurred by the insured in obtaining the replacement” without reference to any adjustment
- “Replacement cost coverage inherently requires a replacement ... and costs (expenses incurred by the insured in obtaining the replacement) (emphasis added)
- reasonable to deny recovery of replacement costs where insured is not going to replace property as he would profit from his loss
- new structure did not “replace” insured’s home where insured did not live there
- “Replacement cost coverage inherently requires a replacement (a substitute structure for the insured) and costs (expenses incurred by the insured in obtaining the replacement); without them, the replacement cost provision becomes a mere wager.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Denman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.