STATE FARM FIRE AND CASUALTY COMPANY, ET AL., APPELLANTS,
v.
CHARLES B. PATRICK, ET AL., APPELLEES

Fla. 3d DCA | 1994-12-14
No. 93-2779
Before BARKDULL, JORGENSON and GERSTEN, JJ.
647 So. 2d 983 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

State Farm appealed a summary judgment order requiring it to pay $2,854.41 in withheld depreciation from a Hurricane Andrew insurance claim. The Third District reversed, holding that under the plain language of the replacement cost policy, State Farm was not obligated to pay the depreciation withholding because the insured completed repairs for less than the estimated amount.


Holding

The court reversed, holding that replacement cost policies by their plain language do not obligate payment of withheld depreciation until repair or replacement is actually completed, and the insured must spend more on actual repairs than the basic policy would cover for the replacement cost endorsement to provide additional value.


Headnotes

[1] An insurance company's liability for replacement cost coverage does not arise until the repair or replacement of the damaged property has been completed.

[2] A replacement cost insurance policy obligates the insurer to pay the difference between the actual cash value and the cost of repair or replacement only after the work is…

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Key Quotes

“Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or repair that property. It is insurance on a property's depreciation.”

Establishes the fundamental purpose of replacement cost coverage

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Facts & Procedural History

Patrick held a replacement cost insurance policy with State Farm covering hurricane damage. State Farm estimated repair costs at $14,207.28 and paid $…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

State Farm Fire and Casualty Company appeals from an order of partial summary judgment in favor of Charles B. Patrick and Charles B. Patrick, P.A. The trial court found that State Farm had wrongfully withheld $2,854.41 in depreciation from losses incurred as a result of Hurricane Andrew. We reverse.

Patrick had a replacement cost insurance policy on his property with State Farm. The insurance company estimated the cost of repair or -replacement as $14,207.28. State Farm paid $11,102.87, withholding $250 for the deductible and $2,854.41 as “depreciation.” Under the policy, State Farm was obligated to pay the withheld amount once the work was completed and Patrick had submitted a claim. Patrick, acting as his own contractor, finished the work for $11,-034.86. State Farm refused his request to pay the additional amount as per the estimate. Patrick sued and recovered the judgment now on appeal. We hold that the trial court erred as a matter of law in ignoring the plain language of the replacement cost policy.

Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or repair that property. It is insurance on a property’s depreciation. Leo L. Jordan, What Price Rebuilding?, 19 ABA Fall Brief 17 (1990). Courts have almost uniformly held that an insurance company’s liability for replacement cost does not arise until the repair or replacement has been completed. Id.; see, e.g., Tamco Corp. v. Federal Ins. Co. of New York, 216 F.Supp. 767 (N.D.Ill.1963). Patrick’s contract pro vides that State Farm “will not pay for any loss on a replacement cost basis until the lost or damaged property is actually repaired or replaced....”

Patrick argues that the partial withholding until the repair work is completed is prohibited by section 627.702(2), Florida Statutes (1991), and Florida caselaw. However, section 627.702(2) is not applicable because it covers only partial loss from fire or lightning; this case deals with wind damage.1 The caselaw cited by Patrick is similarly inapplicable. In the absence of a specific prohibition to the contrary, the language of the contract is controlling.

Patrick also argues that State Farm should pay the total amount the insurance company estimated it would cost to repair or replace his property, despite the completion of the work for a lesser amount. However, the contract plainly provides that State Farm “will not pay more for loss in any one occurrence on a replacement cost basis than ... the amount you actually spend that is necessary to repair or replace the lost or damaged property.” The issue also was squarely addressed in Kolls v. Aetna Casualty and Surety Co., 378 F.Supp. 392 (S.D.Iowa), aff'd, 503 F. 2d 569 (8th Cir.1974). There, the insureds were paid $631,955 for the actual value of a destroyed shopping center. Depreciation was figured at $54,920. The insureds then scaled back the rebuilding and only spent $510,759.88. The court refused to order the payment of the withheld amount because the insureds had not spent more on the rebuilding effort than they received in payment for the actual value of the shopping center. “[T]he Replacement Cost Endorsement is not of value to the plaintiffs until they have expended an amount greater than what they could recover under the basic policy cover-age_” Kolls, 378 F.Supp. at 400.

Based on the plain language of the policy, we reverse.

. This Court does not address the issue of whether an insurance company under section 627.702(2), Florida Statutes (1991), can withhold partial payment until after the repair work has been completed.


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  • Amado Trinidad v. Fla. Peninsula Ins. Co., 121 So. 3d 433 (Fla. 2013)
    …licy language. I. Replacement Cost Insurance “Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or repair that property.” State Farm Fire & Cas. Co. v. Patrick, 647 So. 2d 983, 983 (Fla. 3d DCA 1994). Replacement cost “is measured by what it would cost to replace the damaged structure on the same premises.” Davis v. Allstate Ins. Co., 781 So. 2d 1143, 1144 (Fla. 3d DCA 2001) (quoting Kumar v. Travelers Ins. Co., 211 A.D.2…
  • Ceballo v. Citizens Prop. Ins. Corp., 967 So. 2d 811 (Fla. 2007)
    …ional insurance must be proven”). Further, “[e]ourts have almost uniformly held that an insurance company’s liability for replacement cost does not arise until the repair or replacement has been completed.” State Farm Fire & Casualty Co. v. Patrick, 647 So. 2d 983 (Fla. 3d DCA 1994) (citing Leo John Jordan, What Price Rebuilding?, Brief, Fall 1990, at 17; Tamco Corp. v. Fed. Ins. Co. of N.Y., 216 F.Supp. 767 (N.D.Ill.1963)). Instructively, the United States District Court in and for the Northern District of…
  • …10)); see also Ceballo v. Citizens Prop. Ins. Corp., 967 So. 2d 811, 815 (Fla.2007) (explaining that with contracts, replacement cost damages do not arise unless the repairs or replacement have been completed); State Farm Fire & Cas. Co. v. Patrick, 647 So. 2d 983, 984 (Fla. 3d DCA 1994) (holding that the trial court erred by ignoring the plain language of the replacement cost policy issued to the insured). We concur with the reasoning in Buckley II and adopt its holding in the instant case. Somerset’s sugge…

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