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· 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 CourtListener

Sourced 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.