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Noonan v. American Family Mutual Insurance Co.

United States District Court, D. Minnesota

December 13, 2017

Thomas P. Noonan and Annette M. Noonan, Plaintiffs,
v.
American Family Mutual Insurance Company, Defendant.

          MEMORANDUM AND ORDER

          Paul A. Magnuson United States District Court Judge

         This matter is before the Court on Plaintiffs' Motion to Confirm Appraisal Award and for Summary Judgment and Defendant's Motion for Summary Judgment. For the following reasons, Plaintiffs' Motion is granted and Defendant's Motion is denied.

         BACKGROUND

         On July 18, 2015, the home of Plaintiffs Thomas and Annette Noonan sustained hail and wind damage in a storm. At the time, the home was insured by Defendant American Family Mutual Insurance Company (“American Family”).

         A. The policy

         Three parts of the Noonans' insurance policy (the “Policy”) are relevant here. First, the main portion of the Policy was written on an American Family form known as the “Gold Star Special Deluxe Form” (the “Gold Star Form”). (Hellie Decl. (Docket No. 47) Ex. 1 at 2-20.) The Gold Star Form provided that American Family “insure[d] all loss or damage caused by fire or any damage caused by lightning, ” in addition to “other risks of accidental direct physical loss to th[e] property, ” subject to certain exclusions not relevant here. (Id. at 9, 11.) Later provisions set forth a number of additional terms, including a subsection entitled “Loss Value Determination” that specified how to determine the value of any loss. (Id. at 12.)

         The Policy also contained two relevant endorsements. One was entitled “Gold Star Homeowners Amendatory Endorsement” (the “Gold Star Endorsement”), which “modifie[d] such insurance as is afforded by this policy.” (Id. at 21.) Specifically, the Gold Star Endorsement contained a provision that “deleted and replaced” the Loss Value Determination section of the Gold Star Form. (Id.) The other endorsement was entitled “Minnesota Mandatory Homeowners Endorsement” (the “Minnesota Endorsement”).

         The Minnesota Endorsement contained the following language:

Matching of Undamaged Property. We will not pay to repair or replace undamaged property due to mismatch between undamaged material and new material used to repair or replace damaged material because of
a. texture, dimensional differences;
b. color, fading, oxidation, weathering differences;
c. wear and tear, marring, scratching, deterioration; or
d. obsolescence or discontinuation.
We do not cover the loss in value to any property due to mismatch between undamaged material and new material used to ...

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