Cases

Green Acres Baptist Church, Inc. v. Brotherhood Mutual Insurance Co.

Court

ED Tx

Publish Date

07/03/2025
A court of the Eastern District of Texas entered a take-nothing judgment notwithstanding a verdict, holding that where the record included no evidence of the actual cash value of unrepaired items and the policy requires the repair or replacement of those items as a condition precedent to replacement cost coverage, the jury’s verdict awarding actual damages for breach of contract and punitive damages must be set aside.
commercial property policy, actual cash value, replacement cost value, condition precedent, prevention doctrine, damages, actual damages, punitive damages, take-nothing judgment, cosmetic damage exclusion