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WILKERSON v. AMERICAN FAMILY INS. CO.

No. 20-4113.

997 F.3d 666 (2021)

Nanika WILKERSON, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 13, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Jacob L. Phillips , NORMAND PLLC, Orlando, Florida, for Appellant. Adam Arceneaux , Jenny R. Buchheit , ICE MILLER LLP, Indianapolis, Indiana, John P. Gilligan , Steven D. Forry , ICE MILLER LLP, Columbus, Ohio, for Appellee.

MURPHY, J., delivered the opinion of the court in which GUY, J., joined. DONALD, J. (pp. 673-77), delivered a separate dissenting opinion.

OPINION

When an insured motorist gets into a car accident, American Family Insurance Company caps the amount it will pay for damage to the car. American Family's standard insurance policy indicates that it will pay no more than the lesser of the car's "actual cash value" or "the amount necessary to repair or replace...

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