163185P.pdf   09/25/2017  In Re: State Farm Fire, etc.  v.  
   U.S. Court of Appeals Case No:  16-3185
                          and No:  16-3562
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Loken, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Class Actions. In this class action alleging State Farm's 
   practice of deducting "labor depreciation" from estimated replacement cost 
   in determining actual cash value breached the insurance contract, the 
   district court erred in determining that "actual cash value" and 
   "depreciation" are ambiguous terms that must be construed in favor of the 
   insured under Missouri law and that State Farm had breached the insurance 
   contract when it depreciated labor in estimating cash value; while the 
   court could not rule out the possibility that State Farm's estimating 
   tools and methodology would produce an unreasonable estimate of the actual 
   cash value of some partial losses, this issue can only be determined based 
   on all of the facts surrounding a particular insured's partial loss; there 
   are, therefore, no predominant common facts at issue, and the court erred 
   in certifying a class; in light of the court's order directing the 
   district court to dismiss this suit, the issues raised in State Farm's 
   mandamus petition are moot.