Legal Opinion
Auto-Owners Insurance v. Kwaiser
Michigan Court of Appeals
Decided August 5, 1991No. Docket 128236PublishedCited by 52 opinions
1Opinion of the CourtFitzgerald, J.
The roof over the living room of defendant Robin Kwaiser’s mobile home collapsed because of heavy rain. An engineer hired by defendant’s homeowner’s insurer, plaintiff Auto-Owners Insurance Company, discovered that the structure of the entire roof was rotted because of long-term trapped moisture and that any repair involved replacement of the entire roof. Auto-Owners could not agree on a settlement of the claim, and asked for an appraisal as provided for in the policy. Following the appraisal, Auto-Owners brought this declaratory judgment action, asking the court to order the matter…
2Cases cited5 opinions
- Port Huron & Northwestern Railway Co. v. CallananMichigan Supreme Court · 1887
- Davis v. National American Insurance Co.Michigan Court of Appeals · 1977
- Thermo-Plastics R & D, Inc. v. General Accident Fire & Life Assurance Corp.Michigan Court of Appeals · 1972
- St. Paul Fire & Marine Insurance Co. v. WrightNevada Supreme Court · 1981
- In re the Arbitration between Empire Mutual Insurance & PerryAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by52 opinions
- Merrimack Mutual Fire Insurance Co. v. BattsCourt of Appeals of Tennessee · 2001
- CIGNA Ins. Co. v. Didimoi Prop. Holdings, NVDistrict Court, D. Delaware · 2000
- Walnut Creek Townhome Association v. Depositors Insurance CompanySupreme Court of Iowa · 2018
- Emmons v. Lake States InsuranceMichigan Court of Appeals · 1992
- Acorn Investment Co v. Michigan Basic Property Insurance AssnMichigan Supreme Court · 2014
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