Manduca Datsun, Inc. v. Universal Underwriters Insurance

676 P.2d 1274, 106 Idaho 163, 1984 Ida. App. LEXIS 421
CourtIdaho Court of Appeals
DecidedJanuary 31, 1984
Docket14068
StatusPublished
Cited by16 cases

This text of 676 P.2d 1274 (Manduca Datsun, Inc. v. Universal Underwriters Insurance) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manduca Datsun, Inc. v. Universal Underwriters Insurance, 676 P.2d 1274, 106 Idaho 163, 1984 Ida. App. LEXIS 421 (Idaho Ct. App. 1984).

Opinions

BURNETT, Judge.

This case presents a host of issues concerning the extent of loss covered by a fire insurance policy. The insured, Manduca [165]*165Datsun, suffered substantial fire damage to a building where it operated an automobile dealership. The loss was covered by a policy issued by Universal Underwriters; but the amount of loss recoverable under the policy became the subject of dispute. This controversy found its way to court when several of Manduca’s creditors, seeking payment of debts owed by the distressed dealership, sued both Manduca and the insurance carrier. The carrier tendered sufficient money to satisfy the creditors’ claims, but Manduca cross-claimed against the carrier for additional recovery under the policy. Judgment was entered on the cross-claim, allowing some but not all of the additional recovery sought. Both the dealership and the carrier have appealed.

The general issues, consolidated by subject matter, are (1) whether the district court properly determined the amount of loss caused by damage to the building and to fixtures; (2) whether the court correctly interpreted a “loss of earnings” clause in the policy; (3) whether damage to asphalt around the building should be recoverable under a “debris removal” clause; and (4) whether the parties are entitled to certain litigation costs and attorney fees. We affirm the district court’s rulings on damage to the building and fixtures, loss of earnings, and attorney fees. We reverse the court’s decisions on debris removal and certain litigation costs. Finally, we award the dealership attorney fees on appeal.

I

We first consider the district court’s determination of loss occasioned by damage to the building and to fixtures. This issue focuses upon three controverted points: (a) the “actual cash value” of the building, (b) the inclusion of architect’s fees in computing the building loss, and (c) the value of fixtures destroyed.

A

The insurance policy provides coverage for damage to the building, up to the amount of its “actual cash value.”1 The policy defines this term as

the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such LOSS, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair____

The district court construed this definition to require that the cost to construct a new building be determined, and that a deduction be made for depreciation of the prior building. The court deducted twenty percent. The dealership now argues that no such deduction should have been made, or — in any event — that twenty percent was too much. The carrier contends that it was not enough.

The policy definition of “actual cash value” is silent on whether depreciation should be deducted. Consequently, this case is unlike Boise Ass’n of Credit Men v. United States Fire Insurance Co., 44 Idaho 249, 263, 256 P. 523, 527 (1927), where the insurance policy specifically referred to a “proper deduction for depreciation” and such a deduction was upheld. However, it would be inappropriate to leap from Boise Ass’n to a negative inference that no deduction should have been made here. The policy must be read and considered as a whole. E.g., Watkins v. Federal Life Insurance Co., 54 Idaho 174, 29 P.2d 1007 (1934).

The insurance contract here is a general, multi-risk “Unicover” policy. The policy contains certain basic coverages and a menu of optional coverage choices. Among these choices is an endorsement specifically covering “replacement cost (without deduction for depreciation).” This endorsement is part of the policy document jointly introduced by both parties as an exhibit at trial. The policy, read and considered as a whole, identifies different coverages for “actual cash value” and “replacement cost (without deduction for de[166]*166predation).” The district court found — and it is uncontroverted — that the dealership did not purchase the latter coverage. Rather, the dealership purchased coverage of “actual cash value” at a lesser premium. We hold that the court correctly interpreted the dealership’s insurance coverage to require a depreciation deduction. See generally 6 J. APPLEMAN & J. APPLEMAN, INSURANCE LAW AND PRACTICE § 3823 (1972 & Supp.1982); Annot., 61 A.L. R.2d 711, 715-18, 725-33 (1958).

The next inquiry is whether the twenty percent deduction made by the district court was appropriate. This is a question of fact. Our standard of review on factual questions is that the trial judge’s finding will not be disturbed unless it is clearly erroneous. I.R.C.P. 52(a). A finding will not be deemed clearly erroneous if it is supported by substantial and competent, though conflicting, evidence. E.g. Rasmussen v. Martin, 104 Idaho 401, 659 P.2d 155 (Ct.App.1983).

The court received varying expert opinions that the depreciation percentage should have been either 35%, 30%, 25%, 20% or 6.5% of the actual cash value. In addition, there was evidence that this type of building ordinarily would have a useful life of fifty years. The building had been remodeled shortly before the fire and had an estimated remaining useful life of forty years. Weighed against this record, the court’s finding that a twenty percent factor should be applied is not clearly erroneous and will not be disturbed.

B

We now examine the insurance carrier’s assertion that the district court erred when computing “actual cash value,” by including an architect’s fee of $1,000 in the cost of reconstruction. The dealership has countered by urging that the fee amount was insufficient.

The policy is silent on architect’s fees, and we have been cited no controlling authority on this point. In essence, the carrier suggests that an architect would be an unnecessary expense of reconstruction. Thus, what on the surface seems to be an issue of law actually turns upon a determination of fact — the necessity of an architect for this particular project. The record contains competent testimony that a prudent investor in a reconstructed building, like the structure at issue here, would utilize the professional services of an architect. We hold that the district court did not commit clear error by including the cost of such services as a component in determining the reconstruction costs, and ultimately the “actual cash value,” of the building.

The amount of the fee also raises a question of fact. The record discloses conflicting testimony as to the scope and cost of architectural service necessary for reconstruction. The court’s finding that $1,000 would be appropriate, while an imprecise estimate, is within the evidence. It is not clearly erroneous and will not be overturned.

C

The carrier- next challenges the district court’s findings as to the value of various fixtures destroyed in the fire. This, too, is an issue of fact; but it must be viewed in light of the appropriate legal test for valuing fixtures. The insurance policy establishes no test other than the general standard of “actual cash value.” In Boise Ass'n of Credit Men v. United States Fire Insurance Co., supra,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Branch v. Farmers Ins. Co.
311 F.3d 1241 (Tenth Circuit, 2002)
Branch v. Farmers Insurance
311 F.3d 1241 (Tenth Circuit, 2002)
Branch v. Farmers Ins. Co., Inc.
2002 OK 16 (Supreme Court of Oklahoma, 2002)
Dictiomatic, Inc. v. United States Fidelity & Guaranty Co.
127 F. Supp. 2d 1239 (S.D. Florida, 1999)
Slaathaug v. Allstate Insurance
979 P.2d 107 (Idaho Supreme Court, 1999)
Zochert v. National Farmers Union Property & Casualty Co.
1998 SD 34 (South Dakota Supreme Court, 1998)
Zochert v. Nat'l Farmers Union Prop. & Cas. Co.
1998 SD 34 (South Dakota Supreme Court, 1998)
Bell Power Sys. v. Hartford Fire Ins., No. Cv 92 0065538 (Feb. 17, 1995)
1995 Conn. Super. Ct. 1154-DD (Connecticut Superior Court, 1995)
Dickler v. CIGNA Property & Casualty Co.
957 F.2d 1088 (Third Circuit, 1992)
Mutual of Enumclaw v. Harvey
772 P.2d 216 (Idaho Supreme Court, 1989)
Ryan v. Mountain States Helicopter, Inc.
686 P.2d 95 (Idaho Court of Appeals, 1984)
Manduca Datsun, Inc. v. Universal Underwriters Insurance
676 P.2d 1274 (Idaho Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
676 P.2d 1274, 106 Idaho 163, 1984 Ida. App. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manduca-datsun-inc-v-universal-underwriters-insurance-idahoctapp-1984.