Stendera v. State Farm

Court entered summary judgment in favor of insurer, based on its finding that homeowners suffered no loss after fire that damaged home, as insurer had overpaid under its policy and was entitled to setoff in the amount insurer paid to mortgagee less the amount actually expended to repair home. Court properly found insurer was allowed to set off amount it paid to mortgagee less amount expended for repairs, but erred in granting summary judgment, as genuine issue of material fact remains as to amount actually expended for repairs. (R. GORDON and GARCIA, concurring.)