Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Manitou Village Chalet Townhomes v. Harleysville Insurance Co.

United States District Court, Eighth Circuit

May 6, 2013

Manitou Village Chalet Townhomes, Plaintiff,
v.
Harleysville Insurance Company, Defendant.

ORDER

JOAN N. ERICKSEN, District Judge.

This case is before the Court on a Report and Recommendation issued by the Honorable Franklin L. Noel, United States Magistrate Judge, on March 29, 2013. The magistrate judge recommended that Plaintiff's Motion for Summary Judgment be granted in part and denied in part. The magistrate judge recommending granting the motion to the extent it sought to have the Court affirm the replacement cash value portion of the appraisal award. The magistrate judge recommended denying as moot the portion of the motion seeking affirmation of the actual cash value portion of the appraisal award, and recommended denying Plaintiff's motion to the extent it sought to have the Court order Defendant Harleysville Insurance Company to pay prejudgment interest on the appraisal award total. Plaintiff filed objections and Defendant responded. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation [Docket No. 57].[1] Therefore, IT IS ORDERED THAT:

1. Plaintiff's Motion for Summary Judgment [Docket No. 38] is GRANTED in part and DENIED in part.
2. Plaintiff's motion is GRANTED to the extent it seeks to have the Court affirm the replacement cash value portion of the appraisal award. Harleysville shall pay the remaining $287, 795.64 in accordance with the terms of the contract.
3. To the extent Plaintiff seeks to have the Court affirm the actual cash value portion of the appraisal award, the motion is DENIED as moot.
4. Plaintiff's motion is DENIED to the extent it seeks an order compelling Harleysville to pay prejudgment interest on the appraisal award total.

Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.