HENN v. AMERICAN FAMILY MUTUAL INS. CO.

No. S-16-597.

894 N.W.2d 179 (2017)

295 Neb. 859

Rosemary HENN, individually and on behalf of others similarly situated, plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, defendant.

Supreme Court of Nebraska.

Filed February 17, 2017.


Attorney(s) appearing for the Case

Eric R. Chandler , of Law Offices of Eric R. Chandler, P.C., L.L.O., and Erik D. Peterson , and M. Austin Mehr , of Mehr, Fairbanks & Peterson Trial Lawyers, P.L.L.C., Omaha, for plaintiff.

Bartholomew L. McLeay , and Brooke H. McCarthy , of Kutak Rock, L.L.P., Omaha, and Michael S. McCarthy , and Marie E. Williams , of Faegre, Baker & Daniels, L.L.P., for defendant.

Daniel P. Chesire , of Lamson, Dugan & Murray, L.L.P., Omaha, for amid curiae American Insurance Association et al.

Mark C. Laughlin , and Robert W. Futhey , of Fraser Stryker, P.C., L.L.O., Omaha, for amicus curiae State Farm Fire and Casualty Company.

Heavican, C.J., Wright, Cassel, Kelch, and Funke, JJ., and Inbody and Bishop, Judges.


INTRODUCTION

The U.S. District Court for the District of Nebraska has certified the following question to this court: "May an insurer, in determining the `actual cash value' of a covered loss, depreciate the cost of labor when the terms `actual cash value' and `depreciation' are not defined in the policy and the policy...

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