Lytle v. Country Mutual Insurance Company

Plaintiff homeowner filed breach of contract claim for coverage dispute with his homeowners'insurance carrier over whether certain costs associated with complying with village building ordinances are covered under his policy. Plaintiff is not entitled to appraisal on issue of insurance coverage or contract interpretation. Insurer had no duty to meet with village representatives to learn what ordinances village might enforce. Policy provides coverage only for incurred costs, and equitable principles of waiver and estoppel may not be used to create or extend coverage where none exists. (ROCHFORD and HALL, concurring.)