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BUTLER v. TRAVELERS HOME AND MARINE INS.

Opinion No. 28026.

433 S.C. 360 (2021)

858 S.E.2d 407

Miriam BUTLER, individually, and Evelyn Stewart, in her capacity as personal representative of Joseph Stewart, and both on behalf of others similarly situated, Plaintiffs, v. The TRAVELERS HOME AND MARINE INSURANCE COMPANY, and The Standard Fire Insurance Company, Defendants.

Supreme Court of South Carolina.

Filed May 12, 2021.

Attorney(s) appearing for the Case

T. Joseph Snodgrass , Larson King, LLP, of St. Paul, MN; David Eugene Massey and Summer C. Tompkins , Law Offices of David E. Massey Trial Lawyers, of Columbia; Erik D. Peterson , Mehr, Fairbanks & Peterson Trial Lawyers, PLLC, of Lexington, KY; J. Brandon McWherter , McWherter Scott Bobbitt PLC, of Franklin, TN, all for Plaintiffs.

Stephen E. Goldman and Wystan M. Ackerman , Robinson & Cole LLP, of Hartford, CT; William P. Davis , Baker, Ravenel & Bender, LLP, of Columbia, all for Defendants.

Reynolds H. Blakenship Jr. , Yarborough Applegate LLC, of Charleston; Christopher E. Roberts , Butsch Roberts & Associates LLC, of Clayton, MO, both for Amicus Curiae United Policyholders.

Thomas C. Salane and R. Hawthorne Barrett , Turner Padget Graham & Laney, P.A., of Columbia, for Amici Curiae American Property Casualty Insurance Association and National Association of Mutual Insurance Companies.

The United States District Court for the District of South Carolina certified the following question to this Court pursuant to Rule 244 of the South Carolina Appellate Court Rules:

When a homeowner's insurance policy does not define the term "actual cash value," may an insurer depreciate the cost of labor in determining the...

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