Lukes v. American Family Mutual Insurance

How courts have described this case

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

• finding that even if defined as “fair market value,” ACV would include necessarily-incurred replacement costs such as sales tax
• discussing a policy that defines ACV as “the amount which it would cost to repair or replace covered property with material of like kind and quality, less allowance for physical deterioration and depreciation, including obsolescence”
• “Under Arizona law, if an insurer’s conduct is reasonable or fairly 13 debatable, there is no liability for bad faith”
• “The insured in this case is reasonably likely to incur sales tax when replacing contents with material of like kind and quality, therefore, applicable policy provision applies to include sales tax.”
• policy defined actual cash value as “the amount which it would cost to repair or replace covered property with material of like kind and quality, less allowance for physical deterioration and depreciation”

Source: CourtListener parenthetical corpus (CC0).