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- Title
BELABORING DEPRECIATION THE "LABOR DEPRECIATION" CLASS ACTION TIDAL WAVE.
- Authors
Noteboom, Todd A.; Thomson, William D.
- Abstract
Finally, labor-depreciation plaintiffs--like many plaintiffs asserting breach of an insurance policy--tend to argue that the relevant policy language is at least ambiguous and thus must be interpreted against the insurer and in favor of the insured. Labor-depreciation defendants should focus courts' attention on the purpose of ACV coverage: returning insureds to their pre-loss economic condition, not their pre-loss physical condition. In so arguing, plaintiffs are helped by the fact that insurance policies frequently do not define the terms "actual cash value" and "depreciation" and thus do not spell out whether labor costs will be subject to depreciation. Courts' Resolutions of These Issues Although labor-depreciation plaintiffs and defendants tend to make the same basic arguments, courts have been anything but uniform in their responses.
- Subjects
TSUNAMIS; CLASS actions; DEPRECIATION; INSURED losses; SCHOOL uniforms; INSURANCE
- Publication
Brief, 2022, Vol 51, Issue 2, p50
- ISSN
0273-0995
- Publication type
Article