Herring v. Prudential Property & Casualty Insurance Co.

RONALD R. HOLLIGER, Judge.

This appeal concerns the same issue extensively discussed by our opinion in Dollard v. Depositors Ins. Co., 96 S.W.3d 885, (Mo.App.2002). That issue is whether an insurance policy can condition payment of the full replacement cost of damaged personal property upon the actual repair or replacement of the property where the insured has opted for a money payment rather than repair or replacement under § 379.150, RSMo 2000.

The Herrings purchased “replacement cost” insurance from Prudential Insurance Company. During the term of the policy, their home was burglarized,…