SMITH v. MICHIGAN BASIC INS.

Docket Nos. 90632, 90639, (Calendar No. 8).

441 Mich. 181 (1992)

490 N.W.2d 864

SMITH v. MICHIGAN BASIC PROPERTY INSURANCE ASSOCIATION.

Supreme Court of Michigan.

Decided September 29, 1992.


Attorney(s) appearing for the Case

Fabian & Sklar, P.C. (by Stuart A. Sklar, Michael H. Fabian, and Jo Robin Davis), for the plaintiffs.

Dykema, Gossett (by Donald S. Young and Kathleen McCree Lewis) and Patrick, Johnson & King, P.C. (by Paul H. Johnson, Jr., and Judith A. Friday), for the defendant.

Amicus Curiae:

Richard E. Shaw for the Michigan Trial Lawyers Association.


LEVIN, J.

Two questions are presented:

(1) Whether an insured can recover under a replacement cost provision of a fire insurance policy without actually repairing, rebuilding, or replacing the property at the same or another site. We conclude that, although the insurer denied coverage on the grounds that the fire was caused by the insureds and they had committed fraud in reporting the loss and the jury found the fire was not caused by the insureds and there...

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