Legal Opinion

Conway v. Farmers Home Mutual Insurance

California Court of Appeal

Decided July 18, 1994No. D016627PublishedCited by 16 opinions

1Opinion of the Court

Opinion

BENKE, Acting P. J.

— Consistent with all of the out-of-state authorities which have considered the issue, in this case we hold an insured homeowner may recover the replacement cost of fire damage to an insured home by purchasing another home at another location. Accordingly, we reverse the judgment entered in favor of the defendant insurer.

Factual and Procedural Summary

The facts which give rise to this appeal are, in all material respects, undisputed. In November 1989 plaintiffs and appellants William Conway and Ken Whalen (Conway) purchased a house at 252 Daisy Avenue in Imperial…

2Cases cited10 opinions

  1. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  2. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  3. Reserve Insurance Co. v. PisciottaCalifornia Supreme Court · 1982
  4. Hess v. North Pacific InsuranceWashington Supreme Court · 1993
  5. S & S Tobacco & Candy Co. v. Greater New York Mutual InsuranceSupreme Court of Connecticut · 1992

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Fraley v. Allstate Insurance CompanyCalifornia Court of Appeal · 2000
  2. Fire Insurance Exchange v. Superior CourtCalifornia Court of Appeal · 2004
  3. Everett v. State Farm General InsuranceCalifornia Court of Appeal · 2008
  4. SR International Business Insurance v. World Trade Center Properties, LLCDistrict Court, S.D. New York · 2006
  5. Fitzhugh 25 Partners, L.P. v. KILN Syndicate KLN 501, Texas Court of Appeals, 5th District (Dallas)2008

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