DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123232P.pdf 05/23/2013 Buddy Bean Lumber Company v. Axis Surplus Insurance Company
U.S. Court of Appeals Case No: 12-3232
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges]
Civil case - Insurance. The proper interpretation of the coinsurance
provision in the policy in question depends on whether the insured has
filed an actual cash value claim or a replacement cost claim; here, where
the insured filed a claim for the actual cash value of stolen electrical wire,
the term "value" in the coinsurance policy should be read to mean the
actual cash value of the insured's mills; based on this interpretation, the
insured was not subject to a coinsurance penalty on its claim and was
entitled to receive the value of the wire minus its deductibles and any
interim payment it had received.