Garnett v. Transamerica Insurance Services

JOHNSON, Justice.

This is a fire insurance case. The issues presented are:

1. Was the trial court correct in allowing the jury to decide whether the insureds (the Garnetts) were entitled to payments from the insurance company (Transamerica) for repair or replacement of the damaged property before the Garnetts completed the reconstruction and documented the cost?

We hold that the trial court properly allowed the jury to decide this question.

2. Was the trial court correct in allowing the jury to decide whether the Garnetts were entitled to payments from Transamerica for improvements to the damaged…