State Farm Fire & Casualty Co. v. Mower

The dispositive issue in this case is whether any evidence was adduced at trial to support the verdict that Ronald and Marilyn Mower’s home was so damaged by fire that it was a “total loss”, as that term is defined by law. A divided court of appeals held there was. 876 S.W.2d 914. We disagree.

The Mowers insured their home with State Farm Fire and Casualty Company for $175,-000. After it burned, State Farm hired an independent adjuster to investigate the loss. Only the foundation and about 85% of the garage remained. The adjuster concluded, before any repair estimates could be made, that the…