Missouri Court of Appeals, Western District / Jun 28, 2022
Cynthia Franklin vs. Lexington Insurance Company
Cynthia Franklin sued Lexington Insurance Company for breach of contract after a storm damaged her home. Lexington accepted coverage but depreciated labor costs when calculating the actual cash value (ACV) payment, which Franklin argued was improper. The trial court found in Franklin's favor, awarding her the withheld labor depreciation. On appeal, the Missouri Court of Appeals, Western District, affirmed the judgment, holding that the policy's ACV provisions applied, labor costs cannot be depreciated in an ACV payment without an express policy provision, and Franklin proved damages.