A discrepancy regarding the insurance value of a home destroyed by fire presents a genuine issue of material fact that must be settled by a trial court, the Pennsylvania Superior Court has ruled.
A unanimous three-judge panel found March 10 in Brown v. Everett Cash Mutual Insurance that a “rather large” gap between the actual cash value and depreciation calculated by the homeowners’ appraiser and the depreciation rate attributed to the home by the insurer justified the reversal of the lower court’s grant of summary judgment. The case was remanded to the Greene County Court of Common Pleas.
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