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PERRY v. ALLSTATE INDEM. CO.

No. 18-4267.

953 F.3d 417 (2020)

Andrea PERRY, individually and on behalf of all other Ohio residents similarly situated, Plaintiff-Appellant, v. ALLSTATE INDEMNITY COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 18, 2020.

Attorney(s) appearing for the Case

ON BRIEF: Patrick J. Perotti , DWORKEN & BERNSTEIN CO., LPA, Painesville, Ohio, for Appellant. Mark L. Hanover , DENTONS US LLP, Chicago, Illinois, Gregory R. Farkas , FRANTZ WARD LLP, Cleveland, Ohio, for Appellees. William F. Merlin, Jr. , MERLIN LAW GROUP, P.A., Tampa, Florida, Wystan M. Ackerman , ROBINSON & COLE LLP, Hartford, Connecticut, Mark A. Johnson , Rodger L. Eckelberry , BAKER & HOSTETLER LLP, Columbus, Ohio, for Amici Curiae.

MOORE, J., delivered the opinion of the court in which COOK, J., joined. READLER, J. (pp. 424-32), delivered a separate opinion concurring in part and dissenting in part.

OPINION

When Andrea Perry's home sustained water damage, she made a claim under her Allstate insurance policy for the cost of repairs or replacement. Both Perry and Allstate agree that the damage is covered under the policy, and they agree on the total estimated cost. The single issue they dispute is...

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