Quaker Hills, LLC v. Pacific Indemnity Co.

Pacific issued a fire insurance policy to plaintiff on a home that was destroyed by fire during the policy period. On appeal, Pacific challenged the district court's grant of summary judgment to plaintiff on its claim for a declaratory judgment that an apportionment-of-loss clause in the policy was void as a matter of New York law, and that Pacific was liable to plaintiff for the entire amount of loss coverage shown in the fire insurance policy. Plaintiff cross-appealed from so much of the judgment as ruled that it was not entitled to recover replacement costs in excess of the stated loss coverage amount on the house. The court concluded that plaintiff's contentions were without merit and affirmed to the extent that the district court dismissed plaintiff's claim for extended replacement costs. In regards to Pacific's appeal, the court certified questions to the New York Court of Appeals. View "Quaker Hills, LLC v. Pacific Indemnity Co." on Justia Law