Zaitchick v. American Motorists Insurance

How courts have described this case

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

• noting that “[i]t is to be expected, after a number of years of high inflation, that the replacement cost will be much higher than the actual cash value”
• excusing plaintiffs from performance of replacement condition and awarding damages following plaintiffs’ “evidence that it would cost $100,862 to rebuild their home”
• accepting plaintiff’s “evidence that it would cost $100,862 to rebuild their home” when evaluating damages due after finding insurance company liable under insurance contract following fire destroying home
• accepting plaintiff’s evidence “that it would cost $100,862 to rebuild their home” after fire where defendant “did not establish that the original house owned by plaintiffs was less expensive”
• where “plaintiffs were refused any monies under the insurance contract,” defendant’s “conduct made it impossible for plaintiffs to fulfill the condition precedent, and therefore, excuses plaintiffs from performance of the replacement condition”

Source: CourtListener parenthetical corpus (CC0).