In an insurance coverage matter arising out of damage caused by a fire, the insured filed a lawsuit alleging breach of contract and bad-faith denial of the insured’s replacement-cost claim after the parties disputed the cost to replace a building damaged by the fire. The insurer filed for summary judgment, arguing that the insurer failed to comply with its contractual obligation to repair or replace the damaged property as soon as reasonably possible and, as a result, no further payment was due. The district court granted summary judgment and plaintiff appealed. The Seventh Circuit affirmed, finding that the arguments raised on appeal were forfeited because they were raised for the first time on appeal and, even if they were not, the case did not qualify for plain-error review. (BRENNAN and HAMILTON, concurring)
Federal 7th Circuit Court
Civil Court
Insurance Coverage