Submitted: September 21, 2017
from United States District Court for the Eastern District of
Missouri - St. Louis
COLLOTON, BENTON, and KELLY, Circuit Judges.
BENTON, Circuit Judge.
damaged Azim and Kina D. Aziz's house. Allstate Insurance
Company denied their homeowner's insurance claim. They
sued for coverage. The case went to trial. At the close of
the Azizes' evidence, the district court granted
Allstate's motion for judgment as a matter of law. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
policy provides $60, 000 in dwelling coverage and $30, 000 in
personal property coverage. If the insured does not repair or
replace the damaged property, the policy pays "actual
How We Pay For A Loss
Under Coverage A - Dwelling Protection, Coverage B -
Other Structures Protection and Coverage C -
Personal Property Protection, payment for covered
loss will be by one or more of the following methods:
. . . .
c) Actual Cash Value
If you do not repair or replace the damaged,
destroyed or stolen property, payment will be on an actual
cash value basis. This means there may be a deduction for
depreciation. Payment will not exceed the limit of liability
shown on the Policy Declarations for the coverage that
applies to the damaged, destroyed or stolen property,
regardless of the number of items involved in the loss.
the fire, the Azizes submitted a claim for damages to their
real and personal property. They claimed they purchased
everything in cash, and the fire destroyed all receipts.
Allstate denied the claim.
eight years later, Azim sued Allstate for breach of contract,
vexatious refusal to pay, specific performance, unjust
enrichment, and negligent misrepresentation. On
Allstate's motion, the court joined Kina as a plaintiff.
It dismissed all but the breach-of-contract and
vexatious-refusal claims. At trial, Azim testified that he
and his wife accumulated the damaged property over 10 to 15
years, and the values on their proof-of-loss list were
estimates of original purchase prices. At the close of the
Azizes' evidence, the district court granted