BARDI v. FARMERS FIRE INSURANCE COMPANY


260 A.D.2d 783 (1999)

687 N.Y.S.2d 768

RICHARD BARDI et al., Respondents-Appellants, v. FARMERS FIRE INSURANCE COMPANY et al., Appellants-Respondents, and MARK R. SONDERS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 8, 1999.


Mercure, J.

Plaintiffs' home was destroyed by a May 15, 1994 fire. The loss was covered under an insurance policy issued by defendant Farmers Fire Insurance Company. The policy provided "replacement cost" coverage with respect to both the dwelling and plaintiffs' personal property, requiring Farmers to pay the full replacement cost of the loss, without deduction for depreciation, but not exceeding (as relevant here) the applicable limit of liability under the policy...

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