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172410P.pdf 09/07/2018 William Hatcher v. MDOW Insurance Company
U.S. Court of Appeals Case No: 17-2410
U.S. District Court for the Eastern District of Arkansas - Helena
[PUBLISHED] [Melloy, Author, with Benton and Grasz, Circuit Judges]
Civil case - Insurance. The district court did not err in finding that the
evidence was overwhelming that the insurance policy on plaintiff's
property included an actual-cash-value endorsement;if this provision in
the applicable 2015 policy was a change to the prior policy, plaintiff had
adequate notice of the change and his premium for the 2015 policy served
as consideration; plaintiff could testify as to the value of his home, and
by extension, depreciation over the period of time between its
construction and his fire loss; the district court's ruling in a sidebar
sustaining defendant's objection to the testimony was not communicated to
the jury and it was never admonished to disregard the evidence; as a
result, even if the court's ruling in the sidebar was erroneous, it caused
plaintiff no harm; in any event, plaintiff has failed to provide the court
with a transcript of the final day of trial, and the issue cannot be
reviewed.