Benny Thomas and Beverly Thomas v. State Farm Fire & Casualty Company

Venue: United States District Court, Missouri
Case No.:  04-04088-CV-C-NKL

Defendant's Attorney: Gary A. Schafersman, Wallace, Saunders, Austin, Brown & Enochs

Facts:  Plaintiffs made a first party fire loss claim against State Farm and brought a lawsuit to compel State Farm to pay more toward replacement than the insurer's estimates called for.  The house was a large house situated on Lake of the Ozarks.  The Policy was a replacement policy with no limits for replacement costs.  At issue was what constitutes "equivalent construction" under the policy.  Plaintiffs asked the jury for $650,000 in extra replacement costs that they paid toward their house repairs. 

 

Last Demand: $500,000
Last Offer: $100,000
Verdict: $72,000

© 2005 Wallace, Saunders, Austin, Brown, and Enochs