Mierzwa involved the amount of a wind insurer's liability for damage to an insured building during Hurricane Irene under the Florida Valued Policy statute, which provides in pertinent part:
www.insurancejournal.com/magazines/southcentral/2006/02... www.insurancejournal.com/magazines/southcentral/2006/02/20/features/68089.htm
The United States District Court for the Eastern District of Missouri has held that the phrase “total loss” as used in Missouri’s valued policy statute is unambiguous. Mindy M. Medley of Clausen Miller in Chicago, Illinois writes on ... "Total Loss" in Missouri Valued Policy Statute is Unambiguous...
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This article will focus on Valued Policy Law, its application in total loss cases, ... 1935). The policy provision contracting against liability for enforced demolition is held to be overridden by the statute if the loss is total by reason of such demolition. Fidelity & Guar. Ins. Co. v. Mondzelewski, 115 A.2d 697, 699 (Del.
www.policyholdersofamerica.org/pdf_public/hurricane_cla... www.policyholdersofamerica.org/pdf_public/hurricane_claims_vpl.pdf
The Robinson court stated its ruling was dictated by the valued policy statute. In 1969, the Florida Legislature amended the valued policy law so that the provision referring to total losses applied to all covered perils.
goliath.ecnext.com/coms2/gi_0199-3955150/Florida-s-valu... goliath.ecnext.com/coms2/gi_0199-3955150/Florida-s-valued-policy-law.html
As an attorney who was personally affected by the hurricanes that ravaged Florida in 2004, the article, "Florida's Valued Policy' Law--The Eye of the Storm," in the April 2005 issue of The Florida Bar Journal troubled me. ... And, when the language of a statute is clear, Florida courts must give effect to it. (4) ;
goliath.ecnext.com/coms2/gi_0199-5119171/Florida-s-quot... goliath.ecnext.com/coms2/gi_0199-5119171/Florida-s-quot-valued-policy.html
That's the Valued Policy Law case where the Louisiana Court of Appeals got more lost than those documentary filmmakers in The Blair Witch Project. ... The Florida Supreme Court decided a Valued Policy Law case yesterday -- Florida Farm Bureau v. Cox -- that makes more sense. Click here for a pdf of the court's opinion.
www.insurancecoverageblog.com/archives/first-party-insu... www.insurancecoverageblog.com/archives/first-party-insurance-florida-supreme-court-valued-policy-law-requires-payment-only-for-covered-portion-of-total-loss.html
The loss calculation of the statute is that the insurer must pay the full value of the policy if the property is a total loss because of a covered loss. ... The court appeared ready to limit the Valued Policy Law strictly to its literal terms -- fire insurance policies, rather than policies like homeowners insurance...
www.insurancecoverageblog.com/archives/first-party-insu... www.insurancecoverageblog.com/archives/first-party-insurance-landry-valued-policy-law-louisiana-supreme-court-rules-for-citizens-property.html
On September 20, the Florida Supreme Court held Section 627.702(1), Florida Statutes (2004), referred to as the Valued Policy Law ("VPL"), does not require an insurer to pay the face amount of ... The Supreme Court concluded that the wording of the statute does not reasonably support the interpretation employed in Mierzwa,
www.phelpsdunbar.com/no-cache/articles-section/print-ar... www.phelpsdunbar.com/no-cache/articles-section/print-article/article/florida-supreme-court-issues-rulings-on-the-2004-version-of-the-florida-valued-policy-law-and-overru.html
In the Mierzwa case, Florida's Fourth District Court of Appeal had to interpret a statute known as the Valued Policy Law (a/k/a the "VPL"). The VPL requires that where a structure is a total loss, the insurer must pay the face value of the policy and nothing less.
www.levinlaw.com/PracticeAreas/Legislative-Alert-Valued... www.levinlaw.com/PracticeAreas/Legislative-Alert-Valued-Policy-Law.asp
Louisiana's Valued Policy Statute Held Not to Require Payment of Policy Limits for Mixed Wind/Water Damage Claims In a closely watched hearing dealing with the scope of Louisiana's Valued Policy Law (VPL), a federal District Court judge in the Western District of Louisiana granted State Farm's cross-motion for...
www.mdjwlaw.com/KRIN/060601.pdf