Dollard v. Depositors Insurance Co.

RONALD R. HOLLIGER, Judge.

The sole issue on appeal is whether an insurer may enforce a provision in a homeowner’s policy limiting replacement cost coverage by a depreciation factor until the property is actually replaced. Depositors Insurance Company (hereinafter “Depositors”) filed a motion for summary judgment on the policy claim of Mr. and Mrs. Dollard (hereinafter “the Dollards”) who filed a cross-motion for summary judgment. The trial court entered summary judgment for Depositors holding that § 379.150, RSMo 2000, 1 did not bar enforcement of the replacement cost limitation of the…