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Anders v. State Farm Fire & Cas. Co.

The trial court itself rejected the appellant's contention that the insurer's counsel's misrepresentations misled it on the issue of the parameters used for an appraisal to determine damages caused after trees fell on the appellant's home, which he discovered only after an extended absence from his home.

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Sir Todd Anders appeals from the trial court’s grant of partial summary judgment to State Farm Fire and Casualty Company on its declaratory judgment action. After reviewing the record, we conclude there was no error and affirm. This case arose when Anders returned to his home after an extended absence and discovered that trees had fallen on his house. Anders called State Farm, his insurer, to report the damage. State Farm, after inspecting the house, initially denied the claim, stating that the damage was the result of “rot, mold, neglect, maintenance issues, and repeated seepage and leakage.” State Farm also pointed out that Anders failed to comply with the terms of his policy when he failed to notify State Farm in a timely manner and failed to maintain and protect the property.1

State Farm later agreed, however, to pay damages in the amount of $15,704.33 actual cash value with a replacement cost benefit of $10,899.93. Almost eight months after receiving this offer, Anders’s counsel sent State Farm a letter in which he stated that Anders had retained a construction firm and the total estimate to repair the damage to the house was $968,360.14. The firm’s estimate for repair of tree-related damage was $393,036.62 and this was the amount Anders claimed State Farm owed him.

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