Legal Opinion

Lerer Realty Corporation and Apex Supply Company v. Mfb Mutual Insurance Company

Court of Appeals for the Fifth Circuit

Decided April 20, 1973No. 72-1254PublishedCited by 19 opinions

1Per curiam

Lerer Realty Corporation and Apex Supply Company (Lerer) recovered a jury verdict in their suit on a windstorm insurance policy issued by MFB Mutual Insurance Company (MFB). On this appeal MFB contends that Lerer’s expert witnesses were not qualified to express the opinions which went to the jury; Lerer didn’t meet its burden of proving its building was damaged exclusively by wind not contributed to by rain; and, alternatively, that actual cash value, not replacement cost, was the policy measure of recovery. We affirm on witness qualification and the sufficiency of the evidence, but modify…

2Cases cited2 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Carmelita Eastburn, a Minor by Her Mother and Next Friend, Ida Louise Eastburn and Ida Louise Eastburn, Individually v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1973

3Cited by19 opinions

  1. National Tea Co. v. Commerce & Industry InsuranceAppellate Court of Illinois · 1983
  2. Harbor House Condominium Association and Unit 1 Corporation v. Massachusetts Bay Insurance CompanyCourt of Appeals for the Seventh Circuit · 1990
  3. Zaitchick v. American Motorists InsuranceDistrict Court, S.D. New York · 1982
  4. Paluszek v. Safeco Insurance Co. of AmericaAppellate Court of Illinois · 1987
  5. Fitzhugh 25 Partners, L.P. v. KILN Syndicate KLN 501, Texas Court of Appeals, 5th District (Dallas)2008

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