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ROCKFORD MUT. INS. CO. v. PIRTLE

No. 77A01-0802-CV-94.

911 N.E.2d 60 (2009)

ROCKFORD MUTUAL INSURANCE COMPANY, Appellant-Defendant, v. Terrey E. PIRTLE, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 11, 2009.

Attorney(s) appearing for the Case

David P. Friedrich, Wilkinson, Goeller, Modesitt, Wilkinson, & Drummy, LLP, Terre Haute, IN, Attorney for Appellant.

David W. Stone IV, Stone Law Office & Legal Research, Anderson, IN, John P. Nichols, Anderson & Nichols, Terre Haute, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Rockford Mutual Insurance Company ("Rockford") appeals from a jury verdict in favor of Terrey E. Pirtle in his action against Rockford for breach of contract. Rockford raises the following issues for our review:

I. Whether Pirtle's recovery under the policy is limited to the actual cash value of the building because of Pirtle's failure to comply with the repair and replacement cost policy provision of his policy;

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