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SPAGNOLA v. CHUBB CORP.

Docket No. 07-1296-CV.

574 F.3d 64 (2009)

Fred SPAGNOLA, individually, and on behalf of all those similarly situated, Plaintiff-Appellant, v. The CHUBB CORPORATION, Federal Insurance Company, Great Northern Insurance Company, John D. Finnegan and Thomas F. Motamed, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 28, 2009.

Attorney(s) appearing for the Case

Roger W. Kirby (David Kovel, on the brief), Kirby McInerney & Squire, LLP, Kenneth Elan, Harold Edgar, New York, NY, of counsel, for Plaintiff-Appellant.

Keara M. Gordon, (Joseph G. Finnerty III, Sara Z. Moghadam, on the brief), DLA Piper U.S. LLP, New York, N.Y. and Washington, DC, for Defendants-Appellees.

Before WALKER, KATZMANN, and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

On July 13, 2001, Fred Spagnola and his wife purchased a Chubb Masterpiece homeowner's policy.1 The policy provided dwelling coverage of $600,000, contents coverage of $300,000, and liability coverage of $500,000.

The Masterpiece policy allows the insured to select one of three types of coverage: extended replacement cost, verified replacement cost, or conditional replacement cost. Spagnola purchased...

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